2017-00211710-CU-OE

John Willis vs. Premier Pools, Incorporated

Nature of Proceeding: Motion for Preliminary Approval of Class Action Settlement

Filed By: Rodriguez, Justin P.

APPEARANCE REQUIRED

The Court requires clarity regarding the cy pres distribution.

The notice of motion requests an order, in part, “[d]irecting that any residue from settlement checks that were not cashed within 90 days of issuance be paid in accordance with Civil Procedure Code section 384(b) with the identified fifty percent cy pres beneficiary being the Voluntary Legal Services Program of Northern California Employment Law Clinic.”

The memorandum of points and authorities states that “[f]or any portion of the Net Settlement Sum allocated to class members that is not claimed by class members by cashing their respective settlement checks within 90 days, the remaining

amount shall be paid in accordance with California Civil Procedure Code section 384 with the designated cy pres beneficiary being the Voluntary Legal Services Program Employment Law Clinic. See Exhibit A, at 16.9.” (MPAs, 4:19-23.) This language is consistent with that in the settlement agreement.

However, because the notice of motion identifies the Voluntary Legal Services Program Employment Law Clinic as a “fifty percent cy pres beneficiary,” it is unclear to the Court whether all remaining unclaimed amounts will be paid to cy pres or only 50%. If only 50% of the remaining unclaimed amounts is paid to Voluntary Legal Services Program Employment Law Clinic, moving party shall explain how/where the other 50% of the remaining unclaimed amounts will be distributed.

The proposed order also does not include any provision regarding the cy pres distribution. Moving party shall submit a revised proposed order incorporating the cy pres distribution.

Moving party shall prepared to calculate the various dates currently left blank in the proposed class notice. The Court notes that in the “Excluding Yourself from

Settlement” section of the proposed class notice, the class notice provides a postmark date with the year 2017. Moving party shall submit a revised proposed class notice with the blank dates identified, and correcting the error in the above noted section.

If the Court is satisfied with moving party’s explanation, the Court with GRANT the motion because the settlement facially appears to be reasonable and fair. The Court will, of course, again review the settlement, attorneys’ fees, pay-outs and other costs at the time of the final approval hearing.

The final approval hearing is set for 5/18/2018 at 9:00 a.m. in this department.