Judge: Michael D. Washington, Case: 37-2024-00002841-CU-BT-NC, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - March 28, 2024

03/29/2024  10:30:00 AM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2024-00002841-CU-BT-NC MARTINEZ VS AMERICAN FREIGHT LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Motion, 03/14/2024

The Motion for Preliminary Approval of Class Settlement and Provisional Class Certification brought by plaintiff Carlos Martinez on behalf of himself and others similarly situated (Plaintiff, or, collectively, Plaintiffs) is GRANTED. After reviewing the terms, the Court finds that the settlement is fair and reasonable.

Plaintiffs have filed a proposed order that contains blank spaces for certain deadlines and/or contains dates that contingent (i.e. '30 days from [some event happening]'). For clarity, an appearance is necessary specify the dates on which the following will be due or occur: --last day for class administrator to send out notice and begin claim administration --last day for Class Members to file a claim, request exclusion, or object --last day for parties to file briefs in support of settlement (i.e. respond to any objections) --date of the final fairness hearing.

The Court notes that Plaintiffs have proposed a need to file a separate motion for attorney fees. That is unnecessary. Proposed attorney fee amounts can be addressed in the briefing for the Motion for Final Approval of Class Settlement.

A proposed order has been submitted; however, as the Court prefers dates certain, counsel for the moving party is ORDERED to, within 7 days of the hearing, submit an updated proposed order containing dates certain as discussed and finalized at the hearing on this matter.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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