Motion to dismiss
This is a putative class action alleging that defendants Match Group, Inc. and PlentyOfFish Media ULC (collectively, “Defendants”) violated the Unruh Civil Rights Act (Civil Code, § 51 et seq.) by providing different services or pricing based on a user’s age. Plaintiff Julianne Spitler now seeks dismissal of her individual and putative class claims without prejudice. The Court previously vacated the April 1, 2026 Case Management Conference and directed counsel to submit a proposed order of dismissal. For the reasons stated below, the Court GRANTS the motion to dismiss the action without prejudice.
I.
Legal Standard
A dismissal of an entire class action requires court approval and must be accompanied by a declaration setting forth the facts and stating whether consideration, direct or indirect, has been given for the dismissal. (Cal. Rules of Court, rule 3.770(a).) A court may rule on the request without a hearing. (Id., rule 3.770(b).) The action may be dismissed without notice to the class members if the court finds that the dismissal will not prejudice them. (Id., rule 3.770(c).)
II.
Discussion
Here, the request for dismissal complies with California Rules of Court, rule 3.770. It is supported by the declaration of Plaintiff’s counsel, Charles R. Toomajian III, who states that no consideration, direct or indirect, has been or is being provided to Plaintiff or her counsel in connection with the dismissal. (Toomajian Decl., ¶ 3.) The declaration further establishes that Plaintiff has elected not to pursue her claims at this time and has not served the summons or complaint on either defendant. (Id., ¶¶ 4–5.) The Court finds that the dismissal will not prejudice the putative class members. No class has been certified, and no notice of the pendency of the action has been sent to the putative class. There is also no indication of media coverage or other publicity on which absent
members might have relied. The dismissal is without prejudice and has no binding or dispositive effect on the claims. Based on these facts, the Court finds that notice to the putative class is unnecessary, and the Court exercises its discretion to dispense with it.
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III.
Conclusion
For the reasons stated, the Court GRANTS Plaintiff’s request for dismissal. The action is dismissed without prejudice as to the named Plaintiff and the putative class. The Court will sign the proposed Order of Dismissal submitted. Notice to the putative class is not required. The June 24, 2026 Case Management Conference is VACATED.
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