MILLER, CEDRICK vs HOME OXYGEN COMPANY LLC

The Court is concerned about the timing of the motion. Trial is set for June 23, 2026, and a settlement conference is scheduled for June 8, 2026. Granting withdrawal at this late stage creates potential disruption to the proceedings.

However, given the total lack of communication and cooperation from Defendants, the Court concludes that counsel cannot reasonably be required to continue representation, and withdrawal is appropriate notwithstanding the proximity to trial. Accordingly, the motion is granted.

The order is effective upon service of the signed order on Defendants. Upon the effective date, Defendants Rancho Fresco Modesto, Inc., Ismael Covarrubias, and Arnoldo Avalos will be unrepresented unless and until new counsel appears. Defendant Rancho Fresco Modesto, Inc., as a corporation, is advised that it must appear through licensed counsel. Withdrawing counsel shall promptly serve the signed order on all Defendants at their last known addresses and file proof of service.

All currently scheduled dates, including the settlement conference and trial, remain set. Any request to continue must be made by appropriate application. Failure to appear, retain counsel where required, or comply with court orders may result in sanctions, including striking pleadings or entry of default.

CV-24-008466 - MILLER, CEDRICK vs HOME OXYGEN COMPANY LLC - Plaintiff's Motion for 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: June 18, 2026 | Defendant shall provide Class Data to Class Administrator | June 30, 2026 | Class Administrator shall mail Class Notice to Members | September 30, 2026 | Class Deadline for Submission of Opt-outs / Objections / Workweek Disputes | October 9, 2026 | Deadline for Submission of Administrator due diligence declaration | October 16, 2016 | Deadline for Class Counsel to File Motion for Final Approval

| [Set by Court] | Final Fairness Hearing (Dept. 24, 8:30 a.m.) |

A final fairness hearing in this matter shall be set for November 13, 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 within five court days that conforms to this ruling.