Final Approval Of Class Action Settlement
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3FINAL APPROVAL OF CLASS ACTION SETTLEMENT
Department: ____
RE: _________________________
In reviewing your motion for final approval of class action settlement and motion for attorney
fees and costs, the Court Orders further briefing on the items checked below. The additional
briefing shall be due by ______________, 20____. Your hearing date is ______________,
20____.
NOTICE TO CLASS
How was notice given?
How many class members opted out?
How many class members submitted a claim form?
Explanation for the low response rate.
Are there any objectors and, if so, please indicate the nature of the objections.
Provide a response to the objections.
EVALUATION OF THE SETTLEMENT
Need to provide “basic information about the nature and magnitude of the claims in
question and the basis for concluding that the consideration being paid for the release
of those claims represents a reasonable compromise.” Kullar v. Foot Locker Retail, Inc.
th
(2008) 168 Cal.App.4th 116, 133; Dunk v. Ford Motor Company (1996) 48 Cal.App.4
1794, 1802
Estimate of recovery to each class member.
Valuation of injunctive relief.
Explanation as to the why the number of class members has changed from the date
of preliminary approval.
ATTORNEY FEES
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Need to provide a lodestar analysis. Consumer Privacy Cases (2009) 175 Cal.App.4
545, 556-558. See also Dunk v. Ford Motor (1996) 48 Cal.App.4th 1794, 1809 (“Later
cases have cast doubt on the use of the percentage method to determine attorney fees
in California class actions.”)
Justification of the multiplier. Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138-1139.
Page 1 of 3
Rev. 6/20/14
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