BASILIO UDARBE ET AL VS. PREMA P. THEKKEK ET AL

Matter on calendar for Wednesday, September 09, 2026, Line 2, ORDER TO SHOW WHY THE ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT FILED ON SEPTEMBER 18, 2024 SHOULD NOT BE RESCINDED.

The order granting preliminary approval of a class action settlement filed on September 18, 2024, is rescinded.

On September 18, 2024, the court granted preliminary approval of a class action settlement. Subsequently, defendants failed to comply with terms of the settlement agreement, by not providing the class list and additional information required for the settlement administrator to provide notice to the class and proceed with the settlement, and by failing to communicate with plaintiffs' counsel or the settlement administrator. (Dharap. Decl., Mar. 19, 2025, paras. 8-9.)

The court issued an order pursuant to Code of Civil Procedure, 664.6, on May 7, 2025, compelling defendants to carry out the settlement agreement. Plaintiffs subsequently submitted evidence that Defendants did not comply with this order. (Rabago Decl., May 7, 2026, para. 13.)

This court issued an order to show cause why the court should not rescind approval of the settlement. Defendants are no longer represented by counsel, and the court lacks effective means to compel the kind of cooperation needed to obtain contact information for class members so that notice can be given. No party submitted an objection to this court. The court therefore now rescinds preliminary approval. Plaintiffs are ordered to serve a copy of this order on Defendants.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/CVA). | |