On May 03, 2019 a
Order
was filed
involving a dispute between
Lynn, Teah,
and
Rite Aid Corporation A Delaware Corporation,
for Product Liability-Complex
in the District Court of San Bernardino County.
Preview
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GERALD B. MALANGA, ESQ. (SBN 167065)
F I L E D
SUPERIOR COURT 0F CAUFORNIA
LATTIE |
MALANGA |
LIBERTINO, LLP COUNTY 0F SAN BERNARDINO
SAN BERNARDINO DISTRICT
8300 Beverly Boulevard, Suite 200
Los Angeles, California 90048
DEC 23 2021
(323) 938-3 02 Telephone
l
w.
(323) 938-01 IO Facsimile
gmalanga@lmllaw.com BY
DEBRA PEDHOSA. DEPUTY
\OWQOKUIBWN—
ALICE CURRY, ESQ. (SBN 173348)
A.
LAW OFFICE 0F ALICE A. CURRY
P.O. Box 2861
Malibu, California 90265
(9 l 7) 921 -4768 Telephone
acurrylaw@gmail.com
Attorneys for Plaintiff Teah Lynn,
Individually and on behalf of all others
similarly situated individuals
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
TEAH LYNN, individually and on behalfofa Case No.: CIVDS 913904
l
class ofsimilarly situated individuals,
NNNNNNNNHr—Ir—In—At—II—HH—H
guaUIAbJNh-OWWQQUIAMNHG
v.
Plaintiff, 1m
Honorable David S. Cohn. Dept. $26
AMENDED JUDGMENT
AND ORDER GRANTING
MOTION FOR FINAL APPROVAL OF
CLASS ACTION SETTLEMENT
RITE AlD CORPORATION, a Delaware
Corporation, and DOES 1 through lOO,
inclusive; Date: December 22, 2021
Time: 10:00 a.m.
Dept: 826
Defendants.
Plaintiff Teah Lynn (“Class Representative” or “Plaintiff") and Defendant Rite Aid
Corporation and Rite Aid HDQTRS Corp.‘ (“Defendant” or "Rite Aid”), have entered into the Joint
'
Plaintiffnamed the wrong corporate entity. The proper defendant was Rite Aid HQQ'I‘RS Corp., a Delaware
Corporation.
[Proposed] Judgment and Order Granting Motion for Final Approval ofClass Action Settlement
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Stipulation of Settlement and Release ofClaims,
effective July 3, 20 l 9 (the “Settlement Agreement”),
which, if approved, would resolve the above-captioned action
(the “Action”). Plaintiff has filed an
unopposed motion for final approval of the class action settlement. Upon review and consideration of
the motion papers, including the Settlement
Agreement, the Court determines and Orders as follows:
\OWQQUIAMNH
l. The Court has jurisdiction over this matter and venue is proper.
2. The Settlement Agreement, a true and correct copy of which is attached hereto as
Exhibit A and incorporated by reference herein, is fully and finally approved and the Action is
certified as a class action, for settlement purposes only, pursuant to California Code ofCivil Procedure
Section 382 and California Rule of Court 3.763. The Settlement Class is defined as follows:
All individuals who, from four years prior to filing of
this Complaint [October ll,
2018] through to date of certification purchased Rite Aid
Day Logic Ultimate Sheer
Continuous Spray Sunscreen with an advertised SPF of85 in California.
3. Certification of the Settlement Class shall be solely for settlement
purposes and
without prejudice to Plaintiff or Defendant.
4. The Court appoints Gerald B. Malanga ofLattie Malanga Libertine, LLP and Alice A.
Curry or The Law Office of Alice A. Curry, as Settlement Class Co-Counsel.
NNNNNNh—lh—th—h—nt—t—HHHr—n
5. The Court appoints Teah Lynn as Class Representative.
6. The Court finds, for purposes of settlement only, that the Settlement Class
Representative and Settlement Class Counsel fairly and adequately represent and
protect the interests
of the absent Settlement Class Members.
7. All unclaimed funds have been turned over by the Claims Administrator
to a cypres
recipient, pursuant to Code 0f Civil Procedure Section 384, namely The Rite Aid Foundation. The
Court has approved of The Rite Aid Foundation serving as the aforementioned
cy pres recipient.
8. The. fees and costs requested and hereby granted are based on a lodestar/multiplier
analysis along with the reasonable costs incurred in the litigation. These payments are broken down
as follows:
I Litigation Costs:
a. San Bernardino Superior Court (Filing Fee): ................... $555.00
2
[Proposed] Judgment and Order Granting Motion for Final Approval ofClass Action Settlement
Document Filed Date
December 23, 2021
Case Filing Date
May 03, 2019
Category
Product Liability-Complex
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\a \r GERALD B. MALANGA, ESQ. (SBN 167065) F I L E D SUPERIOR COURT 0F CAUFORNIA LATTIE | MALANGA | LIBERTINO, LLP COUNTY 0F SAN BERNARDINO SAN BERNARDINO DISTRICT 8300 Beverly Boulevard, Suite 200 Los Angeles, California 90048 DEC 23 2021 (323) 938-3 02 Telephone l w. (323) 938-01 IO Facsimile gmalanga@lmllaw.com BY DEBRA PEDHOSA. DEPUTY \OWQOKUIBWN— ALICE CURRY, ESQ. (SBN 173348) A. LAW OFFICE 0F ALICE A. CURRY P.O. Box 2861 Malibu, California 90265 (9 l 7) 921 -4768 Telephone acurrylaw@gmail.com Attorneys for Plaintiff Teah Lynn, Individually and on behalf of all others similarly situated individuals SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO TEAH LYNN, individually and on behalfofa Case No.: CIVDS 913904 l class ofsimilarly situated individuals, NNNNNNNNHr—Ir—In—At—II—HH—H guaUIAbJNh-OWWQQUIAMNHG v. Plaintiff, 1m Honorable David S. Cohn. Dept. $26 AMENDED JUDGMENT AND ORDER GRANTING MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT RITE AlD CORPORATION, a Delaware Corporation, and DOES 1 through lOO, inclusive; Date: December 22, 2021 Time: 10:00 a.m. Dept: 826 Defendants. Plaintiff Teah Lynn (“Class Representative” or “Plaintiff") and Defendant Rite Aid Corporation and Rite Aid HDQTRS Corp.‘ (“Defendant” or "Rite Aid”), have entered into the Joint ' Plaintiffnamed the wrong corporate entity. The proper defendant was Rite Aid HQQ'I‘RS Corp., a Delaware Corporation. [Proposed] Judgment and Order Granting Motion for Final Approval ofClass Action Settlement \v \a I ' \t Stipulation of Settlement and Release ofClaims, effective July 3, 20 l 9 (the “Settlement Agreement”), which, if approved, would resolve the above-captioned action (the “Action”). Plaintiff has filed an unopposed motion for final approval of the class action settlement. Upon review and consideration of the motion papers, including the Settlement Agreement, the Court determines and Orders as follows: \OWQQUIAMNH l. The Court has jurisdiction over this matter and venue is proper. 2. The Settlement Agreement, a true and correct copy of which is attached hereto as Exhibit A and incorporated by reference herein, is fully and finally approved and the Action is certified as a class action, for settlement purposes only, pursuant to California Code ofCivil Procedure Section 382 and California Rule of Court 3.763. The Settlement Class is defined as follows: All individuals who, from four years prior to filing of this Complaint [October ll, 2018] through to date of certification purchased Rite Aid Day Logic Ultimate Sheer Continuous Spray Sunscreen with an advertised SPF of85 in California. 3. Certification of the Settlement Class shall be solely for settlement purposes and without prejudice to Plaintiff or Defendant. 4. The Court appoints Gerald B. Malanga ofLattie Malanga Libertine, LLP and Alice A. Curry or The Law Office of Alice A. Curry, as Settlement Class Co-Counsel. NNNNNNh—lh—th—h—nt—t—HHHr—n 5. The Court appoints Teah Lynn as Class Representative. 6. The Court finds, for purposes of settlement only, that the Settlement Class Representative and Settlement Class Counsel fairly and adequately represent and protect the interests of the absent Settlement Class Members. 7. All unclaimed funds have been turned over by the Claims Administrator to a cypres recipient, pursuant to Code 0f Civil Procedure Section 384, namely The Rite Aid Foundation. The Court has approved of The Rite Aid Foundation serving as the aforementioned cy pres recipient. 8. The. fees and costs requested and hereby granted are based on a lodestar/multiplier analysis along with the reasonable costs incurred in the litigation. These payments are broken down as follows: I Litigation Costs: a. San Bernardino Superior Court (Filing Fee): ................... $555.00 2 [Proposed] Judgment and Order Granting Motion for Final Approval ofClass Action Settlement