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

126-150 of 2623 results

JONATHAN BASINGER VS. IL PALIO RESTAURANT GROUP LLC

The Motion for Final Approval of the Class Action Settlement brought by Plaintiff Jonathan Basinger, individually and on behalf of all others similarly situated, and as a proxy for the LWDA, is GRANTED. The Court finds that the terms of the Settlement are fair, reasonable and adequate. The Court awards $6,400.00 for work performed by the Claims Administrator. The Court approves the settlement of the PAGA claim in the amount of $15,000, with $11,250 being paid to the LWDA.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

CLAY VS XIFIN INC [E-FILE]

Plaintiff's unopposed Motion for Preliminary Approval of Class Action Settlement is granted. The notice and proposed order granting preliminary approval of the class action settlement shall be amended such that a written objection is permissive, not mandatory. (Proposed Order ¶¶11, 15; Notice § IV (C).) A class member may appear at the Final Approval Hearing and orally object.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

RANDOLPH VS AMAZON.COM LLC [E-FILE]

I. to reflect the filing date of the Third Amended Complaint, and with the Notice of Class Action Settlement attached as Exhibit 1, within 10 days of this ruling.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

RANDOLPH VS AMAZON.COM LLC [E-FILE]

I. to reflect the filing date of the Third Amended Complaint, and with the Notice of Class Action Settlement attached as Exhibit 1, within 10 days of this ruling.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

ALVARO MONTOYA VS TRICAP INTERNATIONAL, LLC

BC644383 (“Williams”) or the Order Granting Final Approval of the Class Action Settlement. (RJN, Exhs. A, B.) Plaintiff submitted evidence that on or about August 12 through August 14, 2019, he entered into a settlement agreement with Defendants to resolve this action (“Settlement Agreement”). The parties agreed that the court would retain jurisdiction to enforce the settlement. (Decl. of Nava ¶3, Exh. A (“Settlement Agreement”).) Here there was no issue that consideration was given.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

JOHN LAQUI VS HOLLINGSWORTH LOGISTICS GROUP

The Unopposed Motion for Preliminary Approval of the Class Action Settlement is granted. Parties are to submit a date for the final approval hearing, as well as the date to file the motion for final approval of the settlement. Jayne C. Lee Judge of the Superior Court 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

  • Judge Jayne Lee
  • County

    San Joaquin County, CA

JEROME WILLIAMS VS. RC WILLEY HOME FURNISHINGS A UTAH CORPORATION

Motion for Preliminary Approval of Class Settlement Plaintiffs' Motion for Preliminary Approval of Class Action Settlement is unopposed and is GRANTED.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

THOMAS NORIEGA V. DAVID SPURR

The notice informs class members of their right to attend the final approval hearing as set by the Court or for their attorney to attend, as well as providing contact information for class counsel. The notice complies with California Rule of Court, rule 3.766(d). The parties have satisfied the procedural requirements for preliminary approval of a class action settlement other than lodging a proposed order, and the settlement amount appears fair and reasonable.

  • Hearing

ARMENTA V. SEACA PACKAGING, INC.

Motion: Plaintiff’s Motion for Preliminary Approval of Class Action Settlement Tentative Ruling: To grant the plaintiff’s motion for preliminary approval of class action settlement. Explanation: 1. Class Certification a.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

CRUZ VS. LAS MONTANAS

HEARING ON MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT FILED BY FRANCISCA CRUZ * TENTATIVE RULING: * The motion for preliminary approval of class action settlement is granted. Counsel are requested to meet and confer as to an appropriate date for calendaring the final approval hearing.

  • Hearing

ALFARO VS. ORANGE AUTOMOTIVE

The Order Granting Plaintiff’s Motion for Final Approval of Class Action Settlement and Final Judgment entered on December 13, 2019 constituted a Judgment, and the court retained jurisdiction to enforce the Settlement and Judgment. Thus, this court sees no need for ongoing Status Conferences, but the court will grant this one continuance of the Final Report Hearing to see if the issue can be resolved in the next six months.

  • Hearing

KYRA GROVES ET AL VS MAPLEBEAR INC

Plaintiffs filed a motion for preliminary approval of class action settlement. On August 28, 2019, the Court granted Plaintiffs’ motion for preliminary approval of class action settlement. On December 17, 2019, Plaintiffs—on behalf of themselves and all other similarly situated class members—filed a motion for an order for final approval of class action settlement and ordering that notice be issued to the settlement class.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

MARTINEZ VS. PPSN CORPORATION

Plaintiff’s Motion for Final Approval of Class Action Settlement, and Motion for Attorneys’ Fees, Costs and Expenses, and Class Representative Enhancement Payment, are granted, except that plaintiff must submit a new Amended Proposed Judgment that (1) includes a paragraph stating that after 180 days the amount of any uncashed checks will be sent to the State Controller’s Office Unclaimed Property Fund in the names of the applicable payees, and (2) corrects the date of the settlement agreement at 3:4 from September

  • Hearing

KERRI VAN MATRE VS SANBORN CHEVROLET , INC. A CORPORATION;

The deadline for Class Counsel to file its Motion for Final Approval of Settlement is December 17, 2020. The court sets the Final Approval Hearing for PAGA and Class Action Settlement on January 28, 2021 at 9:00 a.m. in Department 11B. Ross 9/24/2020 ………………. 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

VELEZ VS. ENCORE INTERIORS, INC.

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement is granted. A Final Approval Hearing is set for February 19, 2021 at 10:00 a.m.

  • Hearing

DEBAR VS. OPTIMA TAX RELIEF, LLC

Plaintiff David Debar's Motion for Preliminary Approval of Class Action Settlement The motion for preliminary approval of class action settlement is CONTINUED to October 30, 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 October 21, 2020. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well.

  • Hearing

ASPEYTIA VS MA MORTENSON COMPANY

Plaintiffs' Motion for Preliminary Approval of Class Action Settlement is GRANTED. (ROA 42.) The final approval hearing is scheduled for March 26, 2021, at 8:30 a.m. in this department. Plaintiff's motion for attorney's fees and costs and Plaintiffs' service awards is also scheduled for March 26, 2021 at 8:30 a.m. in this department. The court is prepared to sign the proposed order upon confirmation of this tentative ruling.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

ORR V. PETVET CARE CENTERS (CALIFORNIA), INC., ET AL.

Any CourtCall fees for an appearance by an objecting class member will be paid by class counsel. 10 The motion for preliminary approval of the class action settlement is GRANTED, subject 11 to the modification to the class notice. The final approval hearing is set for January 20, 2021, at 12 1:30 p.m.

  • Hearing

SHANNON AREVALO VS. ROYAL WINE CORP

approve the attorney's fees, enhancements, and expenses sought, subject to final approval at a final approval hearing; and (v) set a final approval hearing on December 21, 2020.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

JIMENEZ VS POLYAIR CORPORATION

The hearing on a Motion for Final Approval of Class Action Settlement is hereby set for February 4, 2021, at 8:30 a.m. in Dept. 6. Plaintiff shall immediately reserve that date through the Court Law & Motion Reservation System. ANY REQUEST FOR ORAL AGUMENT SHALL BE HEARD AT 9AM

  • Hearing

JIMENEZ VS. FENCEWORKS, INC.

Plaintiff Jose Jimenez's Motion for Preliminary Approval of Class Action Settlement The Court has reviewed the supplemental briefing filed on September 1, 2020, which adequately addresses the items of concern noted in the Court’s prior minute order. The motion for preliminary approval of class action settlement is CONTINUED to October 16, 2020 at 9:00 a.m. in Department CX104 to permit the parties to respond to the following items of concern.

  • Hearing

PARCHELLI VS. SILVERADO SENIOR LIVING MANAGEMENT, INC.

Plaintiff Larisa Parchelli's Motion for Preliminary Approval of Class Action Settlement The Court has reviewed the supplemental papers filed on August 26, 2020. The motion for preliminary approval of class action settlement is GRANTED with respect to the parties’ Joint Stipulation of Class Action Settlement and Release at ROA 127, the notice at Exhibit A thereto, and the opt-out form at Exhibit A to ROA 146.

  • Hearing

HARO LOPEZ VS. TW SERVICES, INC.

Plaintiff’s Motion for Preliminary Approval Plaintiffs’ motion for preliminary approval of class action settlement is CONTINUED to October 16, 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 October 7, 2020. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well.

  • Hearing

CAMACHO VS. GTOB LLC

HEARING ON MOTION FOR APPROVAL OF CLASS ACTION SETTLEMENT FILED BY DERRICK CAMACHO * TENTATIVE RULING: * Plaintiff Derrick Camacho moves for preliminary approval of his class action and PAGA settlement.

  • Hearing

BERRY VS SIZZLING PLATTER LLC [E-FILE]

Plaintiffs' Motion for Preliminary Approval of Class Action Settlement is GRANTED. (ROA 48.) The final approval hearing is scheduled for March 19, 2021, at 8:30 a.m. in this department. Plaintiff's motion for attorney's fees and costs and Plaintiffs' service awards is also scheduled for March 19, 2021 at 8:30 a.m. in this department.

  • Hearing

  • Type

    Employment

  • Sub Type

    Other Employment

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