Cusator v. Shared Imaging, LLC, et al.

Motion: Amended Judgment Pursuant to Code of Civil Procedure
section 384
Tentative Ruling:
To set a hearing on January 10, 2019, at 3:30 p.m. in Department 503, as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment, containing the information discussed herein, shall be submitted no later than January 3, 2019.
Explanation:
Code of Civil Procedure section 384, subdivision (b) provides that the parties shall “report to the court the total amount that was actually paid to the class members.” This means accounting for checks actually cashed and those undelivered, as well as those and uncashed. (Cundiff v. Verizon California, Inc. (2008) 167 Cal.App.4th 718, 727.) The parties’ election to provide only the amount of uncashed checks does not satisfy the plain language of section 384. The Administrator shall provide a declaration stating ........