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

226-250 of 2623 results

SCRIBNER V. SIMM ASSOCIATES, INC., ET AL.

Any CourtCall fees for an appearance by an objecting class member will be paid by class counsel. 20 The motion for preliminary approval of the class action settlement is GRANTED, subject 21 to the addition to the class notice. The final approval hearing is set for November 20, 2020, at 22 9:00 a.m.

  • Hearing

VIVIAN DEVEROUX V. APPLE, INC., ET AL.

Before the Court is plaintiff’s motion for final approval of the settlement and for approval of her attorney fees, costs, and service award. Plaintiff’s motion is unopposed. I. Legal Standard for Approving a Class Action Settlement Generally, “questions whether a settlement was fair and reasonable, whether notice to the class was adequate, whether certification of the class was proper, and whether the attorney fee award was proper are matters addressed to the trial court’s broad discretion.” (Wershba v.

  • Hearing

GERSHFELD VS. CHAMPION AEROSPACE LLC

Motion for Final Approval Plaintiff Jack Gershfeld’s motion for final approval of class action settlement is GRANTED. The Court overrules the objections of Barnabas Path, Robert Turchan and Mike Obendorf. Path’s objection does not state any basis for objecting, so there is nothing for the Court to evaluate.

  • Hearing

BROCK VS GOLDEN RAIN FOUNDATION

Plaintiffs Troy Gregory Brock and Anne Walshe's Motion for Approval of Class and Representative Action Settlement The hearing on Plaintiffs’ motion for preliminary approval of class action settlement is CONTINUED to August 28, 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 19, 2020.

  • Hearing

MARTINEZ VS. SSC NEWPORT BEACH OPERATING CO. LP

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement is granted. A Final Approval Hearing is set for December 4, 2020 at 10:00 a.m.

  • Hearing

MARTINEZ VS. SSC NEWPORT BEACH OPERATING CO. LP

A Final Approval Hearing is set for December 4, 2020 at 10:00 a.m.

  • Hearing

MARTINEZ VS. PPSN CORPORATION

The tentative ruling is to continue the hearing on plaintiff’s Motion for Final Approval of Class Action Settlement, and Motion for Attorneys’ Fees, Costs and Expenses, and Class Representative Enhancement Payment, 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. Plaintiff did not provide the court with the low individual payment to a class member.

  • Hearing

IN RE COMMUNITY HEALTH CENTERS WAGE AND HOURS CASES

and related forms; and (6) scheduling a hearing date for motion for final approval of class action settlement and awards of attorney’s fees and costs.

  • Hearing

HERNANDEZ VS MJ INDUSTRIES INC [E-FILE]

The court orders Plaintiff to submit a revised Notice of Class Action Settlement addressing this issue and inserting January 15, 2021 at 8:30am as the date for the final approval/fairness hearing. The court sets the motion for final approval/fairness hearing for January 15, 2021 at 8:30am. The court orders Plaintiff to submit a revised proposed order, with the hearing date set forth above and with the revised Notice of Class Action Settlement attached as Exhibit 1, within 10 days of this ruling.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

BAKER HUGHES WAGE AND HOUR CASES

Nature of Proceedings: Motion for Final Approval of Class Action Settlement and Award of Attorney's Fees Tentative

  • Hearing

BAKER HUGHES WAGE AND HOUR CASES

Nature of Proceedings: Motion for Final Approval of Class Action Settlement and Award of Attorney's Fees Motion for Final Approval of Class Action Settlement and Award of Attorney Fees Attorneys: Plaintiff Hockison: Michael A. Strauss Andrew Ellison Plaintiff Ramirez: Graham Hollis; Vilmarie Cordero; Nathan Reese Defendants: M.

  • Hearing

MONDRAGON VS PHYSICIANS FOR HEALTHY HOSPITALS INC HEARING RE: FINAL APPROVAL OF CLASS ACTION SETTLEMENT

Grant. Plaintiff shall submit a new proposed order/judgment. The Court finds the settlement is fair, adequate and reasonable and approves the requested amounts for attorney fees and costs, settlement administration costs and plaintiff’s service award. Plaintiff shall submit a new proposed order/judgment deleting paragraph 9 and including a date for...

  • Hearing

HENRY CARDIEL, AN INDIVIDUAL, ON BEHALF OF HIMSELF AND OTHERS SIMILARLY SITUATED VS MILLERCOORS LLC, A DELAWARE LIMITED LIABILITY COMPANY AND DOES 1 THROUGH 50, INCLUSIVE

., 19STCV02979 July 20, 2020 Motion for Preliminary Approval of Class Action Settlement by Plaintiff Henry Cardiel: the unopposed motion is GRANTED. The court preliminarily approves the proposed class-wide settlement of this action. Counsel for Plaintiff to give notice.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

PROVENCIO V. TOO FACED COSMETICS, LLC

(See Botero Decl., ¶ 11.) 20 The motion for final approval of class action settlement is GRANTED. 21 22 The court will prepare the final order and judgment if this tentative ruling is not 23 contested. 1 remitted to Defendant, the status of any unresolved issues, and any other matters appropriate to 2 bring to the court’s attention.

  • Hearing

HAYNES V. MILPITAS GROCERY OUTLET, ET AL.

(Declaration of Edwin 25 Aiwazian in Support of Plaintiff’s Motion for Final Approval of Class Action Settlement, 26 Attorneys’ Fees and Costs, and Service Award, ¶¶ 11-12.) This is based on 251.55 hours of 27 work at a rate of $500 an hour. (Ibid.) This results in a negative multiplier. The court finds that 28 the attorneys’ fees are reasonable as a percentage of the common fund and they are approved. 1 Plaintiff requests $13,312.99 for costs. This is based on actual costs incurred.

  • Hearing

HOPSTEIN V. HEWLETT PACKARD ENTERPRISE COMPANY, ET AL.

Any CourtCall fees for an appearance by an objecting class member will be paid by class counsel. 11 The motion for preliminary approval of the class action settlement is GRANTED, subject 12 to the addition to the class notice. The final approval hearing is set for November 20, 2020, at 13 9:00 a.m.

  • Hearing

ANTHONY SHAMRELL VS APPLE INC [E-FILE]

The court modifies and signs the Order Granting Final Approval of Class Action Settlement and Entering Judgment.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

BLOOMQUIST VS COVANCE INC [E-FILED]

The Court rules on plaintiffs Daniel Bloomquist and Monica Martino Sberna's (Plaintiff) motion for preliminary approval of class action settlement, and certification of a settlement class 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 for December 4, 2020 at 9:30 a.m. IT IS SO ORDERED.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

DELGADO PENA VS SIRY INVESTMENTS LP

Plaintiffs' Motion for Preliminary Approval of Stipulated Class Action Settlement Agreement is GRANTED. (ROA 66.) The final approval hearing is scheduled for December 11, 2020 at 8:30 a.m. in this department. Plaintiff's motion for attorney's fees is also scheduled for December 11, 2020 at 8:30 a.m. in this department.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

GARVIN VS SAN DIEGO UNIFIED PORT DISTRICT [E-FILE]

The Court assumes the motion for final approval will also include a declaration from the class representative that contains support for the requested incentive award. Class Counsel Additionally, for final approval, the Court expects to be informed of the hours worked and hourly rates billed by plaintiff's counsel in the case. Conclusion The Court GRANTS plaintiff's unopposed motion for preliminary approval of class action settlement and conditional class certification.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

ASHLEY SINGER VS M A C COSMETICS INC

The Court rules on plaintiffs Ashley Singer, Jill Kobbervig, Kelliann Kaholokula, Janet Monteon, Niza Juarez, and Mercedes Deguchy's (Plaintiff) motion for preliminary approval of class action settlement, conditional certification, approval of class notice and setting of final approval hearing date as follows: The Court grants preliminary approval of the class action settlement as presented and approves of the proposed forms of notice.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

REYNOSO V. BENJAMIN’S TRANSFER, INC.

Plaintiff’s Unopposed Motion for Final Approval of Class Action Settlement TENTATIVE RULING The unopposed motion is granted.

  • Hearing

ETHEL NEAL VS MICHAEL H KIM [E-FILE]

TENTATIVE RULING The unopposed motion of plaintiffs Ethel Neal, Raymond Neal, Naomi Tyler, Tracie Deal, Larry White, and Debra Langager for final approval of the class action settlement is granted. The settlement required the residual to go to the Alpha Project, but the proposed order states is goes to Illumination Foundation. The parties shall clarify this difference and revise the order if necessary.

  • Hearing

  • Type

    Business

  • Sub Type

    Intellectual Property

OCTAVIO FLORES-AYON VS VAN EXEL DAIRY ET AL.

The deadline for Class Counsel to file its Motion for Final Approval of Settlement is November 19, 2020. The court sets the Final Approval Hearing for PAGA and Class Action Settlement on December 17, 2020 at 9:00 a.m. in Department 11B. The court will sign an order consistent with Plaintiff’s motion. Ross 7/14/2020 ………………. Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing.

  • Hearing

CLARK VS ANNTAYLOR RETAIL INC [E-FILE]

Tentative Ruling Plaintiff's motion for final approval of a class action settlement is granted. Class counsel is awarded attorneys' fees of $750,000 and costs of $26,000. CAC Services Group, LLC's expenses of $59,090.33, an individual incentive payment of $5,000 to Christine Clark, and a Labor Code Private Attorney Generals Act (PAGA) payment of $75,000 to the state Labor and Workforce Development Agency are approved.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

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