Judge: Matthew C. Braner, Case: 37-2022-00050608-CU-OE-CTL, Date: 2024-05-10 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 09, 2024

05/10/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other employment Motion Hearing to Certify/Decertify Class Action 37-2022-00050608-CU-OE-CTL MORENO VS SOUTHERN CALIFORNIA DISCOUNT TIRE CO INC [E-FILE] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Steven Moreno's motion for preliminary approval of class action settlement is GRANTED.

To prevent fraud, collusion or unfairness to the class, settlement or dismissal of a class action, or a cause of action in a class action, or a party requires court approval. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1800–1801 (court must determine settlement is fair, adequate and reasonable); In re Microsoft I–V Cases (2006) 135 Cal.App.4th 706, 723; see also CRC 3.769(a), 3.770(a).) The court has conducted an inquiry into the fairness of the proposed settlement and preliminarily concludes it is fair, adequate, and reasonable. Of particular importance, the settlement was reached pursuant to a mediator's proposal after a contentious mediation failed to immediately result in settlement.

The court sees no evidence of fraud or collusion, and the terms appear fair.

The court notes that third-party and proposed intervenor Jesus Barajas filed an opposition to Plaintiff's motion. The court will not consider this opposition, which was filed by a nonparty without leave of court.

The Final Approval Hearing is set for November 1, 2024, at 9:00 a.m.

The Court is prepared to sign the proposed order once the tentative ruling is confirmed.

The parties are advised the Final Approval Hearing contemplates a single motion. If Plaintiffs intend to file any additional motions, such as a motion for attorney's fees, those motions should be scheduled separately.

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