2016-00191918-CU-OE

Luisa Fernanda Fonseca Camarena vs. Kan Heritage, Inc.

Nature of Proceeding: Motion to Dismiss Class Claims

Filed By: Scharg, Erin M.

Plaintiffs Luisa Fernanda Fonseca Camarena and Jesse W. Lopez, individually and on behalf of all other similarly situated’s motion to dismiss the class action complaint is UNOPPOSED and is GRANTED.

Defendant Kan Heritage, Inc. filed a notice of non-opposition.

This is a putative class action for violation of wage and hour laws. According to Plaintiffs’ counsel, after conducting formal discovery and exchange of information and documents, it was determined that there was a low likelihood of class certification with respect to the claims brought in the Complaint, especially with regard to the numerosity and commonality requirements. The named plaintiffs have settled their individual claims with Defendant. The consideration paid to Plaintiffs is for their individual claims only and not for dismissal of the class action.

Pursuant to CRC Rule 3.770, any dismissal of “an entire class action, or of any party or cause of action, requires court approval.” The moving party shall state all facts

supporting the request and “clearly state whether consideration, direct or indirect, is

being given for the dismissal and must describe the

consideration in detail.” Dismissal may be entered without a hearing and where the

class has not been certified, “the action may be dismissed without notice to class members if the court finds that dismissal will not prejudice them.” (CRC Rule 3.770(a)-(c).)

The Court is satisfied with Plaintiffs’ counsel’s declaration.

The Court finds that the requested dismissal is appropriate and that notice need not be

given to the putative class. Putative class members are not releasing any claims by way of the dismissal as the class claims are dismissed without prejudice.

The motion is granted and the class action complaint is dismissed with prejudice as to the named Plaintiffs and without prejudice as to the putative class and the class claims. Dismissal of this matter will not affect the rights of any other persons.

Plaintiffs shall submit a proposed order pursuant to CRC Rule 3.1312