Motion: Order to Show Cause as to why administrator should not be
ordered to refund excess payments mode to itself and redistribute
such to class members
Amendment of judgment under Code of Civil Procedure
section 384, subdivision (b)
Tentative Ruling:
To continue to January 21, 2021, at 3:30 p.m., in this Department.
Explanation:
Class counsel states that the excess payment “will” be refunded. No declaration from the class administrator is provided, although one was ordered on September 16, 2020. There is no proof the refund required has occurred. A further declaration as to the status of payments from the class administrator appointed by the Court, including the amount of uncashed checks and ultimate payment of that amount, must be filed no later than January 7, 2021.
A proposed judgment which lists the total amount paid to class members must be lodged, and shall also attach a copy of the settlement to be entered as part of that judgment.
The clerk shall serve a copy of this ruling o