Judge: William F. Highberger, Case: BC701809, Date: 2025-03-04 Tentative Ruling

Case Number: BC701809    Hearing Date: March 4, 2025    Dept: 10

BC701809  Ocana v. Renew Financial Holdings, Inc.

 March 4, 2025 Tentatives

 Ex Parte Application to Intervene by Joan Banks:  Grant

 Intervention by ex parte application is allowed.  C.C.P. § 387(c).  This request is timely insofar as it is an attempt to set up a properly noticed appeal based on Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5^th 260.

 Ex Parte Application to Continue Hearing on Banks’ Motion to Vacate Judgment:  Denied

 Banks’ attorney has not shown sufficient justification for delay of a motion which she herself (through counsel) filed.  Denial of the underlying motion will be enough to give her an appealable order, which is all she is entitled to have at this time.

 Motion to Vacate Judgment:  Denied

 Plaintiffs’ papers (with Joinder therein) show there is no valid legal basis to set aside the Judgment Granting Final Approval to Class Action Settlement, filed Jan. 10, 2025.  Plaintiffs should give formal Notice of Entry of Judgment so that the time for any appeals starts to run promptly.  Ms. Banks will then be able to present these issues to the appellate court, which is her right, even though doing so will delay funding of this settlement.  Whether the settling parties are entitled to any bond pending appeal is a matter for another day.