What is a Motion for Final Approval of Class Action Settlement?

After the Court has held a preliminary approval hearing, it may grant final approval of a class action settlement. (Rules of Ct. 3.769(a); Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1800.)

In order to grant final approval of a class action settlement, the Court must find that the settlement is “fair, adequate, and reasonable.” (Wershba v. Apple Computer (2001) 91 Cal.App.4th 224, 244-245.) The burden is on the proponent of the settlement to show that it is fair and reasonable. (Wershba v. Apple Computer (2001) 91 Cal.App.4th 245.)

“[A] presumption of fairness exists where:

  1. the settlement is reached through arm's-length bargaining;
  2. investigation and discovery are sufficient to allow counsel and the court to act intelligently;
  3. counsel is experienced in similar litigation; and
  4. the percentage of objectors is small.”

(Dunk v. Ford Motor Company (1996) 48 Cal.App.4th 1794, 1802.)

The Court also considers such factors as “the strength of plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of class members to the proposed settlement.” (Dunk v. Ford Motor Company (1996) 48 Cal.App.4th 1794, 1801.)

“The list of factors is not exclusive and the court is free to engage in a balancing and weighing of factors depending on the circumstances of each case.” (Wershba v. Apple 18 Computer, Inc., supra, 91 Cal.App.4th 245.) The court must examine the “proposed settlement agreement to the extent necessary to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between, the negotiating parties.” (Id.)

Before final approval of a class action settlement, notice must be given to the class. (Cal. Rules of Court 3.769(e), (f).)

Certification of the class and the awarded attorney fee must also be deemed proper. (Dunk v. Ford Motor Co. (1996) 48 8 Cal.App.4th 1794.)

Useful Rulings on Motion for Final Approval of Class Action Settlement

Recent Rulings on Motion for Final Approval of Class Action Settlement

BAIRD VS. GRAYBAR ELECTRIC COMPANY, INC.

If those figures are not available now, they must be provided in the motion for final approval.

  • Hearing

    Aug 14, 2020

HAMID VS. NIKE RETAIL SERVICES, INC.

The tentative ruling is to continue the hearing on plaintiff’s Motion for Preliminary Approval of Class Action Settlement to October 2, 2020 at 10:00 a.m. Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date. Counsel should submit an amendment to the settlement agreement rather than any amended settlement agreement.

  • Hearing

    Aug 14, 2020

KYRA GROVES ET AL VS MAPLEBEAR INC

The notice of substitution of counsel also indicated that he objects to the proposed class action settlement and would submit his objections thereto to the administrator pursuant to the procedures set forth in the proposed class action settlement, and he would also file it with the Court. On November 14, 2019, in the Groves Action, Blackham filed an objection to the class action settlement.

  • Hearing

    Aug 12, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

DAVID ALVAREZ VS FORD MOTOR COMPANY

On March 5, 2020, the nationwide settlement in the Vargas Action received final approval. (RFJN, Ex. F.) The final approval made permanent the injunction prohibiting class members from filing PowerShift transmission-related lawsuits. (RFJN, Ex. F, at ¶ 14.) The final approval order included a list of all class members who submitted valid requests to opt out of the settlement, and Plaintiff is not included on that list. (RFJN, Ex. F, Ex. A.)

  • Hearing

    Aug 11, 2020

HIGHBAUGH VS STAFF PRO INC [E-FILE]

The Court will sign the [PROPOSED] ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND ENTERING JUDGMENT - ROA # 213 - at the hearing of this Motion. _____ 2. The Motion (ROA # 198, 202) of Attorneys Glen Stem Law (G Stem, M Malcynski, F Alschuler) ("Attorneys") to be relieved as counsel of record for Defendant Odyssey Unlimited Security, Inc. ("Defendant"), is DENIED WITHOUT PREJUDICE as a result of inadequate notice.

  • Hearing

    Aug 10, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

LATANYA SIMMONS, ET AL. V. APPLE INC., ET AL.

However, while the notice states class members may appear at the final approval hearing to object, the notice indicates objections should be made in writing and sent to the settlement administrator and that this is required for any class member who intends to appear at the final approval hearing through counsel.

  • Hearing

    Aug 07, 2020

THOMPSON LY V. SAGE INTACCT, INC., ET AL.

If preliminary approval is granted, the final approval hearing shall take place on December 4, 2020 at 9:00 a.m. in Dept. 1.

  • Hearing

    Aug 07, 2020

ZAMORANO VS PIPERIN CORPORATION [E-FILE]

The Court rules on plaintiff Carlos Zamorano's (Plaintiff) motion for preliminary approval of class and PAGA settlement and setting final approval hearing as follows: The Court grants preliminary approval of the class action settlement as presented and approves of the proposed forms of notice. In addition, the class shall be conditionally certified for purposes of settlement. Hearing on final approval shall be set at the hearing. IT IS SO ORDERED.

  • Hearing

    Aug 07, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

NGUYEN VS. MICROVENTION, INC.

The tentative ruling is to continue the hearing on plaintiff’s Motion for Final Approval of Class Action Settlement and Motion for Attorney’s Fees, Costs and Class Representative Enhancement to September 25, 2020 at 10:00 a.m. Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date.

  • Hearing

    Aug 07, 2020

NGUYEN VS. MICROVENTION, INC.

The tentative ruling is to continue the hearing on plaintiff’s Motion for Final Approval of Class Action Settlement and Motion for Attorney’s Fees, Costs and Class Representative Enhancement to September 25, 2020 at 10:00 a.m. Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date.

  • Hearing

    Aug 07, 2020

GONZALEZ VS. ALLOY DIE CASTING CO.

The tentative ruling is to continue the hearing on plaintiff’s Motion for Final Approval of Class Action Settlement, Class Representative’s Service Award, and Attorneys’ Fees and Costs to September 25, 2020 at 10:00 a.m. Plaintiff has failed to show that he complied with this court’s ruling of January 3, 2020, on the granting of preliminary approval, that: “Plaintiff is ordered to give notice of the ruling to the LWDA, and to defendant.”

  • Hearing

    Aug 07, 2020

LUNA VS. DCE CONSTRUCTION INC.

Plaintiff’s motion for preliminary approval of class action settlement is GRANTED subject to the following: Plaintiff is to submit a proposed Order, a Spanish version of the approved class notice, and proof of service on the LWDA with 10 days of this Order. The proposed Order shall provide that the Court may approve costs of administration up to but not exceeding $10,000 and attorney costs up to but not exceeding $10,000.

  • Hearing

    Aug 06, 2020

BLANCAS VS STEICO INDUSTRIES INC [E-FILE]

The court has reviewed Plaintiff's proposed order granting the motion for final approval of the class action settlement.

  • Hearing

    Aug 06, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ALMA SALAZAR, ET AL. VS FRONTIER AUTO SALES, ET AL.

The Court grants preliminary approval as to the class action settlement, including the allocation of PAGA penalties. (d) Remaining Matters/Conclusion The Court preliminarily approves the remainder of the settlement and will set a hearing date for a final approval of the subject class action and PAGA settlement at the Motion hearing. The Court finds the contents of the settlement notice to be substantively adequate. (Cal. Rules of Court, rule 3.769; Martorana v.

  • Hearing

    Aug 06, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

WESTON V. BACHMAN

Nature of Proceedings: Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: Direct plaintiff to file a Notice of Settlement required by CRC 3.1385 at least at or before final approval hearing; Direct plaintiff to provide the attorney fee agreements, as required by CRC 3.796(b), at or before the final approval hearing; Direct plaintiff to provide her own declaration, justifying the $5,000 class enhancement, at or before the final approval hearing.

  • Hearing

    Aug 05, 2020

DURAN VS BARTELL HOTELS MANAGEMENT COMPANY [EFILE]

TENTATIVE RULING The unopposed motion of plaintiff Jose Duran for final approval of the class action settlement is granted. Plaintiff's motion for attorney's fees is granted in the amount of $666,666.66, plus expenses of $12,000. Plaintiff is entitled to an incentive award of $10,000.00. Plaintiff shall inform the court whether there was any effort to inform the class members of the continued hearing date. Additionally, the motion references the first distribution was to be March 12, 2020.

  • Hearing

    Aug 05, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

EDUARDO RUIZ VS. SUTTER HOME WINERY INC

As for the anticipated motion for preliminary approval of class action settlement, the Court advises counsel that they should proceed to reserve their requested hearing date in the applicable Civil Law and Motion Department 53/54 pursuant to the January 8, 2020 Order and Notice of Re-assignment of Complex Civil Case and Local Rule 2.30. Such motion and, if granted, the subsequent motion for final approval, shall be filed and heard in the Law and Motion Department.

  • Hearing

    Aug 05, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

BOCHENEK VS M2 MEDIA GROUP LLC

Tentative Ruling on Motion for Final Approval of Class Action Settlement, and Award of Attorneys' Fees, Costs, Etc. Bochenek v. M2 Media Group LLC, Case No. 2019-25568 August 7, 2020, 1:30 p.m., Dept. 72 (continued from June 19 and July 31) The court incorporates the tentative ruling published July 27, 2020 (ROA 66). At the hearing last Friday, the court inquired of counsel regarding a last minute change in the terms of the settlement.

  • Hearing

    Aug 05, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

MANUELA 'AILA' KAHLFUSS VS. CALIFORNIA FAMILY HEALTH LLC, A DELAWARE COMPANY

Motion for Final Approval of Class Action Settlement and Motion for Attorneys' Fees, and Costs Appearances required. Telephonic/remote appearances are allowed. The Motion for Final Approval seeks final approval of a class action settlement filed by Plaintiffs. The Court previously appointed all of the two individual Plaintiffs, Manuela Kahlfuss and Trendete Randolph, as class representatives for purposes of settlement.

  • Hearing

    Aug 04, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

YVETTE VAZQUEZ VS. MC ELECTRONICS, LLC

No appearance is required subject to the following conditions: The Court is advised that on July 30, 2020, Judge David Brown granted Plaintiffs' Motion for Final Approval of Class Action Settlement. The minute order of the same date indicates that the party-prepared proposed order was signed in open court. However, the signed order is not yet available for review in the Court's Register of Actions.

  • Hearing

    Aug 04, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

DANIEL ARAIZA V. HEWLETT PACKARD ENTERPRISE COMPANY, ET AL.

If preliminary approval is granted, the final approval hearing shall take place on December 4, 2020 at 9:00 a.m. in Dept. 1.

  • Hearing

    Jul 31, 2020

PEDROZA VS. EL DORADO INN

Plaintiff Richard Pedroza's Motion for Final Approval of Class Action Settlement Plaintiffs’ motion for final approval of class action settlement is GRANTED. The Court approves the following distributions: Attorney’s fees in the amount of $1,066,667. The Court finds this to be a reasonable amount in light of the quality of the result obtained, the quality of the work performed by class counsel, and a review of the billing records provided and the estimated lodestar.

  • Hearing

    Jul 31, 2020

BARRAGAN VS. TAILGATE PRINTING INC.

Plaintiff Gabriela Barragan and Victoria Hernandez Ortega's Motion for Preliminary Approval of Class Action Settlement Plaintiffs’ motion for preliminary approval of class action settlement is CONTINUED to September 4, 2020 at 9:00 a.m. in Department CX104 to permit the parties to respond to the following items of concern. Any supplemental briefing shall be filed on or before August 25, 2020.

  • Hearing

    Jul 31, 2020

VELEZ VS. ENCORE INTERIORS, INC.

The tentative ruling is to continue the hearing on plaintiff’s Motion for Preliminary Approval of Class Action Settlement to September 18, 2020 at 10:00 a.m. Counsel must file supplemental papers addressing the court’s concerns (not fully revised papers that would have to be re-read) at least 16 days before the next hearing date. Counsel must submit an amendment to the settlement agreement rather than any amended settlement agreement.

  • Hearing

    Jul 31, 2020

CHRISTENSEN VS. TRANSIT AIR CARGO, INC.

Plaintiff’s Motion for Final Approval of Class Action Settlement and Motion for Attorneys’ Fees, Litigation Expenses, and Incentive Payment are granted, except that the court approves plaintiff’s attorneys’ fees only in the amount of $58,333.33, and awards an enhancement to plaintiff Mary Ann Christensen only in the amount of $3,500.

  • Hearing

    Jul 31, 2020

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