REYES GONZALEZ VS BIGHORN HOMEOWNERS ASSOCIATION

Case No.: PSC1502843    

The motion for final approval is not granted. Counsel shall appear. Analysis: The Court had been prepared to grant the motion for final approval and to sign the “corrected proposed” order with the following modifications:  The enhancements are reduced to $2,500 each.  The attorney’s fees are reduced to $73,500.  The attorney’s costs are reduced to $8,724.37. However, the plaintiff has now submitted a “second corrected proposed” order, which re-inserts language to the effect that the participating class members are bound by sections 5.01, 5.02, and 5.05 of the agreement. Unless the Agreement has been modified since the version attached to the declaration of Benowitz filed 3-7-18, section 5.02 requires the class members to covenant not to sue the defendants. (Pg. 22, ll. 3-4.) As pointed out in the tentative ruling of 4-4-18, that provision violates this Court’s CMO at section H.7. The attorney’s fees are reduced to reflect the multiple hearings required for both the motion for ........