Motion: By plaintiff for class certification and preliminary approval of class settlement
Tentative Ruling:
To deem the matter complex. To deny without prejudice.
Explanation:
1. Complex Designation
Plaintiff has already designated this as a complex case. Defendant did not file a complex counter-designation, as permitted by California Rules of Court, Rule 3.402. Both sides have already paid the complex case fees. The Court finds that this matter meets the definition of “complex” under California Rules of Court, Rule 3.400(b)(1). 2. Class Certification
a. Standards
An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties’ representation of an uncontested motion for class certification does
Hearing Date
April 29, 2019
Type
15 Unlimited - Other Employment
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Motion: By plaintiff for class certification and preliminary approval of class settlement
Tentative Ruling:
To deem the matter complex. To deny without prejudice.
Explanation:
1. Complex Designation
Plaintiff has already designated this as a complex case. Defendant did not file a complex counter-designation, as permitted by California Rules of Court, Rule 3.402. Both sides have already paid the complex case fees. The Court finds that this matter meets the definition of “complex” under California Rules of Court, Rule 3.400(b)(1). 2. Class Certification
a. Standards
An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties’ representation of an uncontested motion for class certification does