RUIZ vs DCCCA1, INC., A CALIFORNIA CORPORATION

23CV040128: RUIZ vs DCCCA1, INC., A CALIFORNIA CORPORATION 08/31/2026 Compliance Hearing re: Final Distribution in Department 21

Tentative Ruling - 08/26/2026 S. Raj Chatterjee

The Compliance Hearing re: Final Distribution scheduled for 08/17/2026 is continued to 12/14/2026 at 02:30 PM in Department 21 at Rene C. Davidson Courthouse.

The filing on 8/17/26 proposes a second distribution. The Court finds a second distribution is appropriate. The Court ORDERS class counsel to direct Phoenix to effectuate a second distribution to distribute prorata to the Class Members who cashed their first checks, the funds remaining from the 22 uncashed individual settlement checks (i.e., $125,485.78), minus the reasonable costs of Phoenix associated with the second distribution. The checks issued in connection with the second distribution shall be void after 60 days from the date of Phoenix mailing such checks to the Class Members.

The Court ORDERS that at least five court days before the compliance hearing on final distribution the plaintiff must file a statement regarding the status of the distribution including total funds distributed to class, total number and dollar value of checks cashed, and total number and dollar value of checks not cashed.

The Court ORDERS that funds not be distributed to the cy pres beneficiary until after Court approval of a final accounting.

The Court ORDERS that 10% of any fee award to be kept in the administrator's trust fund until after Court approval of a final accounting.

The court ORDERS that counsel for plaintiff transmit the appropriate documents to the Judicial Council. (CCP 384.5; Govt Code 68520.)

PLEASE NOTE: This tentative ruling will become the ruling of the court if uncontested by 04:00pm the day before your hearing. If you wish to contest the tentative ruling, then both notify opposing counsel directly and the court at the eCourt portal found on the court’s website: www.alameda.courts.ca.gov.

If you have contested the tentative ruling or your tentative ruling reads, “parties to appear,” please use the following link to access your hearing at the appropriate date and time: https://alameda-courts-ca-gov.zoomgov.com/my/department21. If no party has contested the tentative ruling, then no appearance is necessary.