Defendant's Motion to Contest Good Faith Settlement
Preliminary Approval of Class Action Settlement - GRANTED. Good cause appearing to the satisfaction of the Court the Court finds as follows:
The Settlement class is certified for settlement purposes only in accordance with Cal. Rules of Ct., rule 3.769(c). The proposed settlement is within the range of reasonableness and deemed to be presumptively valid, subject to any objections that may be heard at the final fairness hearing and subject to final approval by this Court. The class counsel, class representative and claims administrator are hereby preliminarily approved and appointed as set forth in the motion.
The Court sets the following deadlines relative to this matter: 7-6-26 | Defendant shall provide Class Information to Administrator. | 9-1- 26 | Administrator shall mail Class Notice to Class Members. | 11-6-26 | Class Deadline for Submission of Opt-Out Notices, Objections or Workweek Disputes. | 11-13-26 | Deadline for submission of due diligence declaration from Administrator. | 11-19-26 | Deadline for Class Counsel to file Motion for Final Approval and | A final fairness hearing in this matter shall be set for December 11, 2026, at 8:30 a.m. in Department 24 of this Court. The Class Notice shall be revised to reflect the date of the final fairness hearing and the corresponding deadlines. Plaintiff shall submit a Proposed Order that conforms to the Court's ruling within five court days.
CV-24-002535 - QURESHI, FAYYAZ vs DE LA ROSA, MARIA - Defendant's Motion to Contest Good Faith Settlement - VACATED, at Defendant's request.
CV-25-007430 - CAPITAL ONE NA vs DEICHMAN, ROBERT - - Plaintiff's Motion to Vacate Judgment and Dismiss Action Without Prejudice - GRANTED, unopposed.
Due to the automatic stay imposed by Defendant's bankruptcy filing of January 19, 2026, (Case No. 10178) unbeknownst to this Court, this Court lacked jurisdiction to proceed to issue and enter judgment in this matter on January 22, 2026. (11 U.S. Code Sec.362; Burton v. Infinity Cap. Mgmt., 862 F.3d 740 (9th Cir. 2017; In re LPM Corp., 269 B.R. 217 (B.A.P. 9th Cir. 2001), aff'd, 300 F.3d 1134 (9th Cir. 2002) Said judgment is therefore void and subject to being set aside on that basis.(Civ. Proc. Code Sec. 473 (d); Biggs v. Biggs 1951) 103 Cal.App.2d 741).
Accordingly, the judgment entered by the Court on January 22, 2026, is hereby vacated and set aside.
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