Motion Types Legal Issues

What is a Motion for Preliminary Approval Class Settlement?

Most Useful Motion for Preliminary Approval Class Settlement Examples

Recent Examples of Motion for Preliminary Approval Class Settlement

1-25 of 500 results

WINBORN VS. TRIVEC-AVANT CORPORATION

The tentative ruling is to continue the hearing on plaintiffs’ Motion for Preliminary Approval of Class Action Settlement to March 27, 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 ...

... settlement. The motion fails to provide the class members and aggrieved employees’ estimated individual recovery under the proposed settlement, including the estimated high, low and average payments to be paid to class members. The average payments must be provided for preliminary approval, but if the high and low estimated payments are not available at this time, they must be provided in the motion for final approv...

  • Hearing

    Feb 21, 2020

LOPEZ VS. PAYAL HOTELS, INC.

Plaintiff’s Motion for Preliminary Approval of Class and PAGA Settlement is granted. A Final Approval Hearing is set for June 26, 2020 at 10:00 a.m. All papers in support of the Final Approval Hearing, including detailed hourly breakdowns of plaintiff’s attorneys to suppor...

...the enhancement request, must be filed no later than 16 calendar days before the Final Approval Hearing date, to provide enough time for court review, and must be served in compliance with CCP notice of motion requirements. Plaintiff is ordered to give notice of the ruling to the LWDA, and to defendant unless it waives notice.

  • Hearing

    Feb 21, 2020

ARCHIBEQUE VS. D. BESER VENTURE CAPITAL, LLC

Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement is granted. A Final Approval Hearing is set for August 21, 2020 at 10:00 a.m. All papers in support of the Final Approval Hearing, including detailed hourly breakdowns of plaintiffs’ attorneys to supp...

...enhancement requests, must be filed no later than 16 calendar days before the Final Approval Hearing date, to provide enough time for court review, and must be served in compliance with CCP notice of motion requirements. Plaintiffs are ordered to give notice of the ruling to the LWDA, and to defendants unless they waive notice.

  • Hearing

    Feb 21, 2020

BRETT SMITH V. KENNEDY MANAGEMENT SERVICES

...this motion for preliminary approval, along with supporting declarations from class counsel, and a copy of the Settlement Agreement and notice packet. There are three stages to the Court’s settlement approval process: (1) preliminary approval of the proposed settlement at an informal hearing; (2) notice of the settlement to all affected class members; and (3) final approval after a formal hearing. As noted...

...As noted above, the instant motion seeks preliminary approval of the settlement. The motion and supporting documents were served on counsel for Defendant; no opposition was filed. The court may approve settlements reached before or after a class has been certified. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; Weil and Brown, Cal. Prac. Guide, Civil Proc. Before Trial (The Rutter Group 2019)...

  • Hearing

    Feb 19, 2020

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

...Ruling: Motion for Preliminary Approval of Class Action Settlement The Court issues the following tentative ruling for the hearing on February 21, 2020, at 9:30 a.m. regarding the motion for preliminary approval of class action settlement filed by Plaintiffs Manuela "Aila" Kahlfuss, Trendete Randolph, individually and on behalf of all others similarly situated. No opposition has been filed. PLEASE TAKE NOTE ...

...and the requisite fees are paid in advance of the hearing. Motion for Preliminary Approval of Class Action Settlement Appearances required. This motion seeks preliminary approval of a class action settlement. (Register of Actions ("ROA") 31-36.) The proposed settlement will dispose of this action, Manuela "Aila" Kahlfuss, et al. v. California Family Health, LLC dba California Family Fitness (Case No. 34-2...

  • Hearing

    Feb 18, 2020

SHUMWAY V. INTUIT, INC.

...RULING RE: MOTION FOR PRELIMINARY APPROVAL OF 14 Plaintiff, CLASS ACTION SETTLEMENT 15 vs. 16 INTUIT, INC., a Delaware corporation, and DOES 1-100, inclusive, 22 I. INTRODUCTION 23 This is a putative class action brought by plaintiffs Wade Shumway (“Shumway”) and 24 Johanna Tovar (“Tovar”) (collectively, “Plaintiffs”), arising out of various alleged Labor Code 25 violations. According to the allegations...

...Johanna Tovar’s 21 Motion for Preliminary Approval of Class Settlement (“Nicholas Decl.”), Ex. 1 (“Settlement 22 Agreement”), ¶ 1.4.) 23 The settlement states Defendant will pay a total of $2,400,000. (Settlement Agreement, 24 ¶ 1.42.) This amount includes a monetary payment component totaling $1,864,650 to be paid by 25 Defendant, a prior payment component of $235,350 that Defendant previously paid in Februar...

  • Hearing

    Feb 14, 2020

CHRISTINA MENDOZA V. PLANNED PARENTHOOD MAR MONTE, INC., ET AL.

...(“PAGA”) action on behalf of employees of defendant Planned Parenthood Mar Monte, Inc., alleging a number of wage and hour violations. Before the Court is plaintiff’s motion for preliminary approval of a settlement, which is unopposed. I. Factual and Procedural Background As alleged in the operative complaint, plaintiff was employed by defendant as a non- exempt employee for approximately 16 years, until her e...

...lodestar calculation].) The Court will also scrutinize the requested litigation costs, which appear high, at final approval. VI. Proposed Settlement Class Plaintiff requests that the following settlement class be provisionally certified: All current and former non-exempt, hourly employees of Defendant Planned Parenthood Mar Monte, Inc. (“Defendant”), who worked in the State of California at any time betwee...

  • Hearing

    Feb 14, 2020

MCGILL V. ON-SITE AKA ON-SITE MANAGER, INC., ET AL.

...similarly 11 situated, TENTATIVE RULING RE: MOTION FOR FINAL APPROVAL OF CLASS 12 Plaintiffs, ACTION SETTLEMENT 13 vs. 14 POPSUGAR INC. and POPSUGAR MEDIA INC., 20 I. INTRODUCTION 21 This is a putative class action. Plaintiffs Cathy O’Brien and Laura Adney (collectively, 22 “Plaintiffs”) are social media influencers. (Amended Class Action Complaint (“Complaint”), 23 ¶¶ 4-5.) Thousands of influencers acros...

... settlement. On August 16, 2019, the Court granted 10 preliminary approval of the settlement. Plaintiffs now move for final approval of the settlement. 11 II. LEGAL STANDARD 12 Generally, “questions whether a settlement was fair and reasonable, whether notice to the 13 class was adequate, whether certification of the class was proper, and whether the attorney fee 14 award was proper are matters addressed to the trial...

  • Hearing

    Feb 14, 2020

CACERES VS. CRUISERS PIZZA BAR GRILL, LLC

Plaintiff Dagoberto Caceres' Motion for Preliminary Approval of Class Action Settlement The hearing on Plaintiff Dagoberto Caceres’s motion for preliminary approval of class and PAGA action settlement is CONTINUED to March 20, 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 due March 11, 2020. If a revised ...

... settlement shares revert to the NSA for distribution to identifiable class members. Please amend the settlement agreement accordingly. 2. The supplemental briefing, for the first time, states that the settlement was motivated in part by Defendant’s financial condition. What steps did Plaintiff take to verify Defendant’s financial condition? If Plaintiff retained an accountant or other financial expert to eval...

  • Hearing

    Feb 14, 2020

SMOROWSKI VS BDS MARKETING

1. Plaintiff Smorowski’s Motion for Final Approval of Class Action Settlement 2. Case Management Conference (Continued) A judgment in a PAGA action "binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government....

...381 Accordingly, the trial court must “review and approve” a PAGA settlement. Cal. Lab. Code § 2699(l)(2). As the California Supreme Court explained: “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” Williams v. Superior Court (2017) 3 Cal.5th 531, 549. Having reviewed the proposed settlement agreement and accompanying notice, th...

  • Hearing

    Feb 14, 2020

BURRIS VS. RESORT VACATIONS, INC.

The tentative ruling is to continue the hearing on plaintiff’s Motion for Order Granting Preliminary Approval of Class Action Settlement to March 20, 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 ...

...agreement rather than any amended settlement agreement. Counsel also should provide a red-lined version of any revised papers, including the class notice. The settlement agreement (in ¶38 on p. 8) and class notice (in §11 on p. 6) provide that the Administrator will resolve any workweek disputes. The documents should instead reflect that the Administrator and the parties will attempt to resolve any such ...

  • Hearing

    Feb 14, 2020

LAVELLE VS. NATIONSTAR MORTGAGE, LLC

Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement is granted. A Final Approval Hearing is set for June 19, 2020 at 10:00 a.m. All papers in support of the Final Approval Hearing, including detailed hourly breakdowns of plaintiffs’ attorneys to suppor...

...support the enhancement requests, must be filed at least 16 calendar days before the Final Approval Hearing date, to provide enough time for court review, and must be served in compliance with CCP notice of motion requirements. Plaintiff are ordered to give notice of the ruling to the LWDA, and to defendants unless they waive notice.

  • Hearing

    Feb 14, 2020

CACERES VS. CRUISERS PIZZA BAR GRILL, LLC

Plaintiff Dagoberto Caceres' Motion for Preliminary Approval of Class Action Settlement

  • Hearing

    Feb 14, 2020

CLARK VS ANNTAYLOR RETAIL INC [E-FILE]

Plaintiff's motion for preliminary approval of a class action settlement is granted. A class is conditionally certified for purposes of settlement. Cal. Rules of Court, rule 3.769(d). The Sullivan Law Group, APC is designated as class counsel. CAC Services, LLC is designated as the claims administrator. The proposed class notice and claims perio...

...shall be filed no later than 16 court days prior to the hearing. Defendants have the option to file and serve their own brief by the same date. Preliminary Approval This is a putative wage and hour class action on behalf of current and former non-exempt employees of the retail stores operated by Ann Taylor Retail, Inc., Ann Inc. and Ascena Retail Group, Inc.'s subsidiaries at any time between March 11...

  • Hearing

    Feb 13, 2020

DANIEL AGUILAR VS. EVO- EMERGENCY VEHICLE OUTFITTERS INC

...situated, and Plaintiffs' motion for attorney fees and costs. No oppositions have been filed. NOTICE: The Court's ruling tentatively indicates that it will give its final approval to the class action settlement conditioned upon further arguments to be made during the final fairness hearing. While no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing a...

...Code § 68086(a)(1)(A).) The Court Reporter will not report any proceeding unless a request is made and the requisite fees are paid in advance of the hearing. MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT This motion seeks final approval of a class action settlement. The proposed settlement will dispose of this action. As noted, no opposition has been filed, nor has any Class Member filed any objectio...

  • Hearing

    Feb 13, 2020

SOTO VS RVR RANCHO VALENCIA RESORT PARTNERS LLC

TENTATIVE RULING The court will hear argument on the unopposed motion of plaintiff Michelle Soto, individually and on behalf of the class, for preliminary approval of the class action settlement. The proposed second amended complaint is not available for the court's review. The court cannot approve the additional incentive payments when Aaron Colony has not been added as a plaintiff. The cour...

...original complaint. Although the court has reviewed the exhibits, plaintiff shall point out where in the notice and preliminary order the class is clearly defined. Although notice of the complaint and settlement were served, plaintiff will need to file a proof of service or declaration showing the second amended complaint ("FAC") has been given to the Labor and Workforce Development Agency as required by Labo...

  • Hearing

    Feb 13, 2020

JACOB BUYS VS. SIZEWISE RENTALS, INC.

...ruling for the Case Management Conference (CMC) set for February 14, 2020, at 9:30 a.m., in Department 28. The Court is advised that Plaintiff has filed its Motion for Preliminary Approval of Class Action Settlement, with a hearing date in Department 54 of February 18, 2020. No appearance is required at the CMC under the following conditions: In light of the pending Motion for Preliminary Approval, the Court re...

...with a courtesy copy delivered directly to the department. Counsel shall report on the preliminary approval and status. Parties are to provide a courtesy copy of all filings and pleadings, except Law and Motion matters, directly to the department. Plaintiff is ordered to notify all counsel/parties of this minute order. NOTICE: To request oral argument on this matter, you must call the Court at (916) 874-78...

  • Hearing

    Feb 13, 2020

ANTHONY SMITH VS DEL REY RESTAURANT CORPORATION

Preliminary Approval of Class Action Settlement Department SSC-1 Hon. Daniel Buckley Smith et al. v. Del Rey Restaurant Corporation, et al. Case Number: BC648826 r/t BC661228 Hearing: February 11, 2020 TENTATIVE RULING Continue Preliminary A...

...Defendants.”) Make sure the class definition is the same in all provisions of the settlement. b. The settlement needs to clearly set out the requested attorney’s fees i.e. $166,500, not just 1/3 of the Maximum Settlement Payment. c. The settlement needs to clearly set out the total amount requested for enhancement awards i.e. $22,500, not just $7,500 each. d. Why is paragraph IV.D’s tax allocation of 5% as wages and...

  • Hearing

    Feb 11, 2020

BOCHENEK VS M2 MEDIA GROUP LLC

Tentative Ruling on Motion for Preliminary Approval of Class Action Settlement Bochenek v. M2 Media Group LLC, Case No. 2019-25568 February 14, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a Consumer Legal Remedies Act/Unfair Competition case alleging...

...continue the CMC for about a month. ROA 30. At the December 6, 2019 CMC, the parties announced a settlement. ROA 39. They now seek preliminary approval of a class action settlement. ROA 40-44. By design, the motion is unopposed. The court has reviewed the papers. The case is also set for a continued CMC. ROA 38. 2. Applicable Standards for Class Certification. "Under Code of Civil Procedure section 382, a clas...

  • Hearing

    Feb 10, 2020

BOCHENEK VS M2 MEDIA GROUP LLC

Tentative Ruling on Motion for Preliminary Approval of Class Action Settlement Bochenek v. M2 Media Group LLC, Case No. 2019-25568 February 14, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a Consumer Legal Remedies Act/Unfair Competition case alleging...

...continue the CMC for about a month. ROA 30. At the December 6, 2019 CMC, the parties announced a settlement. ROA 39. They now seek preliminary approval of a class action settlement. ROA 40-44. By design, the motion is unopposed. The court has reviewed the papers. The case is also set for a continued CMC. ROA 38. 2. Applicable Standards for Class Certification. "Under Code of Civil Procedure section 382, a clas...

  • Hearing

    Feb 10, 2020

SIGRID R. WILLIAMS V. PREMIER SPECIALTY BRANDS LLC, ET AL.

... settlement and for approval of her attorney fees, costs, and service award. Plaintiff’s motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA 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...

...average payment to class members will be $3,806.79. At preliminary approval, the Court found that the proposed settlement provides a fair and reasonable compromise to plaintiff’s claims, and that the PAGA settlement is genuine and meaningful. It finds no reason to deviate from these findings now, especially considering that there are no objections. The Court consequently finds that the settlement is fair and reas...

  • Hearing

    Feb 7, 2020

GERARDO SEGURA V. SAN JOSE, LLC, ET AL.

... settlement and for approval of his attorney fees, costs, and service award. Plaintiff’s motion is unopposed. I. Legal Standards for Approving a Class Action/PAGA 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...

...undeliverable. The administrator estimates that payments to class members will range from $3.66 to $1,304.42, with an average payment of $518.85. At preliminary approval, the Court found that the proposed settlement provides a fair and reasonable compromise to plaintiff’s claims, and that the PAGA settlement is genuine and meaningful. It finds no reason to deviate from these findings now, especially considering t...

  • Hearing

    Feb 7, 2020

ROSSI VS. CARDINAL FINANCIAL COMPANY, L.P.

...Geissler's Motion for Preliminary Approval of Class Action Settlement, Conditional Certification, Approval of Class Notice, and Setting of Final Approval Hearing date The hearing on Plaintiff’s motion for preliminary approval of class action settlement is CONTINUED to March 20, 2020 at 9:00 a.m. in Department CX104 to permit the parties to respond to the following item of concern. Any supplemental briefing shall b...

...11, 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, and proof of the service of the revised settlement agreement on the LWDA must be included. From the supplemental briefing submitted in response to the Court’s 12/20/19 minute order, it appears that while counsel mentions an overtime claim based on imp...

  • Hearing

    Feb 7, 2020

GONZALEZ VS MICROVENTION INC.

1. Plaintiff Gonzalez’s Motion to Be Relieved as Counsel of Record 2. Review Hearing re Stay 3. Order to Show Cause re: Striking Class Action and PAGA Claims Motion to be Relieved as Counsel The Motion to be Relieved as Counsel brought by Mahoney Law Group, APC is CONTINUED to March 5, 2020. Plaintiff’s Counsel is ordered to provide ...

...Microvention. Plaintiff alleges Defendant failed to provide proper meal and rest breaks, failed to pay all wages owed and failed to provide accurate itemized wage statements. Plaintiff identifies a subclass for each claim. The Complaint includes a PAGA class. A Notice of Related Case was filed on September 5, 2018, by Plaintiff Ricardo Gonzalez, which indicates this action is related to Nguyen v. Microve...

  • Hearing

    Feb 7, 2020

GONZALEZ VS MICROVENTION INC.

1. Plaintiff Gonzalez’s Motion to Be Relieved as Counsel of Record 2. Review Hearing re Stay 3. Order to Show Cause re: Striking Class Action and PAGA Claims Motion to be Relieved as Counsel The Motion to be Relieved as Counsel brought by Mahoney Law Group, APC is CONTINUED to March 5, 2020. Plaintiff’s Counsel is ordered to provide ...

...Microvention. Plaintiff alleges Defendant failed to provide proper meal and rest breaks, failed to pay all wages owed and failed to provide accurate itemized wage statements. Plaintiff identifies a subclass for each claim. The Complaint includes a PAGA class. A Notice of Related Case was filed on September 5, 2018, by Plaintiff Ricardo Gonzalez, which indicates this action is related to Nguyen v. Microve...

  • Hearing

    Feb 7, 2020

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