S-CV-0033498 Everett, Brian, et al vs. Pulte Group, Inc., et al
This tentative ruling is issued by the Honorable Michael W. Jones. If oral argument is requested, it shall be heard at 8:30 a.m. in Department 43:

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement is granted. The court has broad discretion in determining whether (1) a settlement is fair and reasonable, (2) the class notice is adequate, and (3) certification of the class is proper. (In re Cellphone Fee Termination Cases (2010) 186 Cal.App.4th 1380, 1389; Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 234-235.) The court has carefully reviewed and considered the class action settlement, plaintiffs’ moving papers, defendant Suntech America’s supplemental brief, and the court file as a whole. The court determines a sufficient showing has been at this preliminary stage to determine the
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settlement is fair and reasonable so as to fall within the range of final approval that allows the matter to proceed with class notice and a final approval hearing. Nonetheless, there are issues of funding of the settlement that have been raised in light of Suntech’s bankruptcy status. The court will require further clarification from the parties regarding insurer funding on behalf defendant Suntech America at the time of the final hearing. The court seeks specific information regarding the insurers for Suntech America; their execution of the funding and allocation agreement; whether the insurers contributed prepayments to the claims administration trust account as outlined in the settlement agreement after preliminary approval; and any other related issues.

For the purposes of the settlement, the court hereby certifies the class as defined in the Class Action Settlement Agreement and Release. The court preliminarily approves the settlement and the proposed form of notices. The court adopts and incorporates by reference the orders outlined in plaintiffs’ proposed order preliminarily approving class settlement subject to timeline modifications that coincide with the current hearing date.

The final approval hearing is set for August 30, 2018 at 8:30 a.m. in Department 43.