Notice of Class Action Settlement - California

LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

IF YOU [DESCRIBE THE CLASS — e.g., "PURCHASED [PRODUCT] IN CALIFORNIA BETWEEN [DATE] AND [DATE]"], A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS.

A court authorized this Notice. This is not a solicitation from a lawyer. You are not being sued.

Please read this Notice carefully. Your legal rights are affected whether or not you act.

THE CASE

The people who sued are the "Plaintiffs" or "Class Representatives." The party they sued, [DEFENDANT NAME], is the "Defendant." The people on whose behalf the case was brought are the "Class" or "Class Members."

SUMMARY OF YOUR RIGHTS AND KEY DEADLINES

I. WHY YOU GOT THIS NOTICE

Records indicate that you may be a Class Member because you [________________________________] during the period from [__/__/____] to [__/__/____] (the "Class Period").

The Court has granted preliminary approval of a proposed settlement (the "Settlement") and ordered that this Notice be sent to Class Members. The Court has not yet decided whether to grant final approval. This Notice explains the lawsuit, the Settlement, and your rights and options.

II. WHAT THE LAWSUIT IS ABOUT

The Class Representatives claim that the Defendant [________________________________]. Specifically, the lawsuit alleges:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

The Defendant denies these allegations and denies any wrongdoing or liability. The Court has not decided who is right. Both sides agreed to settle to avoid the cost, risk, and delay of continued litigation.

III. THE PROPOSED SETTLEMENT

A. Who Is Included — The Settlement Class

You are a member of the Settlement Class if you fit this definition:

Settlement Class: All persons [in the State of California] who [________________________________] during the Class Period from [__/__/____] to [__/__/____].

Excluded from the Settlement Class: the Defendant and its officers, directors, employees, and legal representatives; the judicial officer presiding over this case and court staff and their immediate families; all persons who timely and validly exclude themselves; and [________________________________].

If you are unsure whether you are included, call [____] or visit [________________________________].

B. What the Settlement Provides

Monetary relief. The Defendant has agreed to pay $[____] to create a Settlement Fund. After Court-approved attorney's fees and costs, any class representative service/enhancement payment(s), and notice and administration costs are deducted, the remaining "Net Settlement Fund" will be distributed to Class Members [who submit valid claims].

Estimated payment. Each participating Class Member is estimated to receive approximately $[____]. The actual amount may vary depending on the number of valid claims and the final amounts the Court approves.

Non-monetary relief. The Defendant has also agreed to:

☐ [________________________________]
☐ [________________________________]

C. The Release — What You Give Up

If the Settlement is approved and becomes final and you do not exclude yourself, you will be bound by it and will release your right to sue the Defendant for the claims described in the Settlement Agreement. The exact released claims appear in the Settlement Agreement, available at [________________________________]. Read the release carefully before deciding.

IV. YOUR OPTIONS AND DEADLINES

Option 1 — Submit a Claim (Deadline: [__/__/____])

To receive a Settlement benefit, complete and submit a Claim Form.

☐ Submit online at: [________________________________]
☐ Or mail a Claim Form (postmarked by the deadline) to the Settlement Administrator at the address below.

Your Claim Form must be submitted online or postmarked by [__/__/____].

Option 2 — Exclude Yourself From the Class (Deadline: [__/__/____])

If you do not want to be bound by the Settlement and want to keep your right to sue the Defendant on your own, you must exclude yourself ("opt out"). Send a written request to the Settlement Administrator that includes:

1. Your name, address, and telephone number;
2. The case name and number: [PLAINTIFF] v. [DEFENDANT], Case No. [________];
3. A clear statement that you want to be excluded from the Settlement Class; and
4. Your signature.

Mail your request, postmarked by [__/__/____], to:

[________] Settlement Administrator
[________________________________]
[________________________________]

If you exclude yourself: you will get no Settlement benefit; you will not be bound by the judgment; and you keep any right you may have to sue the Defendant separately.

Option 3 — Object to the Settlement (Deadline: [__/__/____])

If you are a Class Member and do not exclude yourself, you may object to the Settlement if you believe it is not fair, reasonable, or adequate. Under Cal. Rules of Court, Rule 3.769(f), the notice must explain how to file written objections and how to arrange to appear at the settlement hearing. Your written objection should include:

1. Your name, address, telephone number, and signature;
2. The case name and number: [PLAINTIFF] v. [DEFENDANT], Case No. [________];
3. A statement that you are a Class Member and the basis for that statement;
4. A statement of each objection and the specific reasons supporting it, with any documents or legal authority you rely on; and
5. Whether you (or your attorney) intend to appear at the Final Approval Hearing.

File and/or serve your objection as directed in the Court's order — typically with the Clerk of the Superior Court and on Class Counsel and Defendant's Counsel (addresses in Section VII), by [__/__/____].

V. THE FINAL APPROVAL (FAIRNESS) HEARING

The Court will hold a Final Approval Hearing at which it will conduct an inquiry into the fairness of the proposed Settlement (Cal. Rules of Court, Rule 3.769(g)) and decide whether to approve it as fair, reasonable, and adequate. The Court will also consider Class Counsel's request for attorney's fees and costs and any class representative service payment(s). If the Court approves the Settlement, it will enter judgment and retain jurisdiction to enforce it (Rule 3.769(h)).

You do not have to attend. Class Counsel will represent the Class. You may attend at your own expense, and if you filed a timely objection and arranged to appear as the notice directs, you may ask the Court for permission to speak. The hearing date may change without further mailed notice; check [________________________________] for updates.

VI. THE LAWYERS AND ATTORNEY'S FEES

The Court has appointed the following lawyers to represent the Class ("Class Counsel"):

[________________________________]
[________________________________]
Telephone: [____] · Email: [____]

You do not have to pay Class Counsel yourself. Any agreement regarding attorney's fees must be disclosed in full in the application for approval (Cal. Rules of Court, Rule 3.769(b)). Class Counsel will ask the Court to approve attorney's fees of up to $[____] [or up to [____]% of the Settlement Fund], reimbursement of costs up to $[____], and class representative service payment(s) of $[____] to each Class Representative. The Court will decide the amounts, which will be paid from the Settlement Fund. You may hire your own lawyer at your own expense if you wish.

VII. HOW TO GET MORE INFORMATION

This Notice summarizes the Settlement. The complete Settlement Agreement and court papers control. For more information:

Settlement Website: [________________________________]
Toll-Free: [____]
Settlement Administrator (mail): [________] Settlement Administrator, [________________________________]

Class Counsel: [________________________________]

Defendant's Counsel: [________________________________]

You may also review filings at the Office of the Clerk of the Superior Court of [________] County. Please do not contact the Court or the Clerk for advice about your options.

BY ORDER OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF [________]

Dated: [__/__/____]

California Practice Notes

• Governing notice/approval rule. California class actions rest on Cal. Code Civ. Proc. § 382, implemented by Cal. Rules of Court, Rules 3.760-3.771. Class settlements are governed by Rule 3.769, and class notice by Rule 3.766. There is no California statutory analog to the federal Rule 23(e) text; the procedure is set by the Rules of Court and case law.
• Two-step approval; fairness inquiry. Rule 3.769 establishes a two-step process: (1) preliminary approval on motion, with the settlement agreement and proposed class notice filed and a proposed order lodged (3.769(c)); the court may certify a provisional settlement class (3.769(d)); and the preliminary-approval order sets the time, date, and place of the final approval hearing and the notice (3.769(e)); and (2) final approval, preceded by notice to the class of the hearing (3.769(f)) and, before approval, an inquiry into the fairness of the proposed settlement (3.769(g)). On approval, the court enters judgment and must retain jurisdiction to enforce the settlement, and may not dismiss the action at or after entry of judgment (3.769(h)).
• Approval standard / case law. California courts approve a class settlement only if it is fair, reasonable, and adequate, weighing the Dunk factors: the strength of plaintiffs' case; the risk, expense, complexity, and likely duration of further litigation; the risk of maintaining class status through trial; the amount offered in settlement; the extent of discovery completed and stage of proceedings; the experience and views of counsel; the presence of a governmental participant; and the reaction of class members. Dunk v. Ford Motor Co., 48 Cal. App. 4th 1794 (1996); 7-Eleven Owners for Fair Franchising v. Southland Corp., 85 Cal. App. 4th 1135 (2000). A settlement reached at arm's length by experienced counsel enjoys a presumption of fairness, but the court must independently scrutinize the deal. See Cellphone Termination Fee Cases, 186 Cal. App. 4th 1380 (2010); Wershba v. Apple Computer, Inc., 91 Cal. App. 4th 224 (2001).
• Best-notice / due-process standard. Rule 3.766 requires court-approved notice content. If exclusion is allowed, the notice must include a brief explanation of the case and the parties' positions, the exclusion deadline and procedure, a statement that the judgment binds all members who do not opt out, and a statement that a non-excluded member may appear through counsel (Rule 3.766(d)). The court determines the manner of notice considering the interests and stake of class members, cost, and res judicata effect (Rule 3.766(e)); where personal notice is unreasonably expensive or impracticable, the court may order publication, broadcast, Internet, or distribution through associations (Rule 3.766(f)). The standard implements due process under Mullane and Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985).
• Opt-out and objection mechanics. Exclusion is available where the court so orders (Rule 3.766(c)(2), (d)); the notice states the deadline and procedure. Objection procedure is governed by Rule 3.769(f) — the notice must explain how to file written objections and arrange to appear at the settlement hearing. Conform deadlines and the filing/service method to the preliminary-approval order.
• CLRA settlements. If the case asserts a Consumers Legal Remedies Act claim, Civ. Code § 1781 governs CLRA class procedures, and § 1781(f) separately requires court approval of any dismissal, settlement, or compromise and notice to class members who were given notice and did not request exclusion, in the manner the court directs. Address CLRA § 1781 in addition to Rule 3.769 when a CLRA claim is present.
• CAFA notice to officials. If the action is or could be subject to the federal Class Action Fairness Act, the defendant must serve the settlement materials on the appropriate federal and state officials (including the California Attorney General) under 28 U.S.C. § 1715, and final approval cannot occur until at least 90 days after that service. This is separate from class-member notice.
• Unsettled / flag. California has not codified federal Rule 23(e)(2)'s enumerated approval factors; courts apply the Dunk/7-Eleven framework, and the depth of scrutiny (e.g., of claims rates, cy pres, and fee/relief ratios) continues to develop. Cy pres recipients must bear a substantial nexus to the class (CCP § 384 and case law). Confirm the presiding department's standing orders and verify all rule citations before filing.

Sources and References

• Cal. Code Civ. Proc. § 382
• Cal. Rules of Court, Rule 3.769 (settlement of class actions) — https://courts.ca.gov/cms/rules/index/three/rule3_769
• Cal. Rules of Court, Rule 3.766 (notice to class members) — https://courts.ca.gov/cms/rules/index/three/rule3_766
• Cal. Civ. Code § 1781 (CLRA; class procedures and settlement notice) — https://law.justia.com/codes/california/code-civ/division-3/part-4/title-1-5/chapter-4/section-1781/
• Dunk v. Ford Motor Co., 48 Cal. App. 4th 1794 (1996); 7-Eleven Owners for Fair Franchising v. Southland Corp., 85 Cal. App. 4th 1135 (2000); Wershba v. Apple Computer, Inc., 91 Cal. App. 4th 224 (2001); Cellphone Termination Fee Cases, 186 Cal. App. 4th 1380 (2010)
• Phillips Petroleum Co. v. Shutts, 472 U.S. 797 (1985); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950)
• Class Action Fairness Act, 28 U.S.C. § 1715

This Notice template is for informational purposes only and does not constitute legal advice. The form and method of class settlement notice must be approved by the court. California applies the Rules of Court (3.766, 3.769) and the Dunk/7-Eleven approval framework; consult experienced California class action counsel before use.