Motions: renewed motion by named plaintiff for class certification and preliminary approval of settlement of class action.
Tentative Ruling:
To deny with prejudice. To order that the parties meet and confer as the contents of a notice to be given to the putative class members advising of the tolling of statute of limitations. The parties are to submit a joint proposed notice or a separate notice by each side on or before July 12, 2017. A hearing as to such notice will be held on July 27, 2017 at 3:00 p.m.
In the event oral argument is requested it will be held on Thursday, June 29, 2017 at 3:00 p.m. in Dept. 403.
Explanation:
The court incorporates its past rulings on prior motions for class certification and preliminary approval of settlement herein. Plaintiff is required to present admissible evidence of all class certification factors but for trial manageability, as a matter of due process. Amchem Products v. Windsor (1997) 521 U.S. 591. Plaintiff has failed to do so. The sole admis