Judge: Peter Wilson, Case: 2015-00767386, Date: 2022-07-28 Tentative Ruling

The hearing on the Motion for Final Approval is CONTINUED to August 25, 2022 at 2:00 p.m. in department CX102 to permit the parties to respond to the following issues. A supplemental briefing shall be filed at least 9 days before the continued hearing and respond where necessary to the points raised below:  

As to the Settlement

1.    Confirm that no opt outs, objections or disputes have been filed since the last declaration by the Settlement Administrator.

2.    The Settlement Administrator should provide the estimated low amount for the individual settlement payments and the estimated amount of Plaintiff’s individual settlement payment.

3.    The Settlement Administrator must provide the names of the individuals who requested to be excluded from the Settlement, and those individuals should also be identified in the proposed Order.

As to the proposed Order

1.    The proposed order is to be revised consistent with the issues addressed above.

2.    The attorney contact information should be removed from the caption page.

3.    The judge and department should be updated on the caption.

4.    The word “approval” is misspelled and the period should be removed in the caption.

5.    In the first paragraph, insert “and First and Second Amendments” after “Stipulation of Class Action Settlement”.

6.    In light of Amaro v. Anaheim Arena Mgmt., LLC (2021) 69 Cal. App. 5th 521, 538 [release must have a “reasonable connection” to the allegations in the complaint and “release must be tied to the factual allegations, not the claims or theories of liability asserted”], the definition of Released Claims, as amended, is overly broad. The definition of Released Claims should be revised to modify the phrase “relating to the claims alleged in the Action” to “reasonably relating to the factual allegations in the Action”. The parties do not need to further amend the Settlement but the release should be included in the proposed Order.

7.    The proposed Order needs to state how notice of the judgment will be provided.

8.    The proposed Order must include the names of the individuals who opted out and state that there were no objections or disputes submitted.

9.    How will notice of the judgment will be provided to the class?  The method for providing notice must be included in the proposed Order.

10. Should the Settlement be approved, the Court will hold a status conference for a final accounting.  Counsel shall submit a final report at least 10 days prior to that conference regarding the status of the settlement administration. Counsel should include a date for the final accounting in the proposed order.  The Court holds final accounting hearings on Fridays at 9:00 am.  The final accounting should occur after the deadline for class members to cash their checks. The final report must include all information necessary for the Court to determine the total amount actually paid to class members and any amounts tendered to the State Controller's Office under Unclaimed Property law.     

11. The proposed Order should state the Court has continuing jurisdiction of this matter pursuant to CCP § 664.6 and CRC Rule 3.769(h).

Plaintiff is ordered to give notice.