MOTION FOR (1) PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; (2) PROVISIONAL CERTIFICATION OF CLASS AND APPOINTMENT OF CLASS COUNSEL; (3) APPROVAL OF FORM AND METHOD OF CLASS NOTICE; (4) THE SCHEDULING OF A FINAL FAIRNESS HEARING
Browse all Motion for Preliminary Approval of Class Settlement rulings statewide →
25CV119043: RETHERFORD vs MYERHOFF AND ASSOCIATES, LLC, et al. 07/28/2026 Hearing on Motion - Other MOTION FOR (1) PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; (2) PROVISIONAL CERTIFICATION OF CLASS AND APPOINTMENT OF CLASS COUNSEL; (3) APPROVAL OF FORM AND METHOD OF CLASS NOTICE; (4) THE SCHEDULING OF A FINAL FAIRNESS HEARING; filed by Bryn Reth... CRS# 121479940576 in Department 21
Tentative Ruling - 07/28/2026 S. Raj Chatterjee
The Motion for Preliminary Approval of Settlement filed by Bryn Retherford on 06/29/2026 is Granted.
The motion of plaintiffs for preliminary approval of class settlement is GRANTED.
The Complaint alleges claims regarding the billing of rent-controlled tenants in Oakland for utilities.
The case preliminarily settled for a total of $ 229,500. The settlement agreement states there will be attorneys' fees of up to $57,375 (24%), costs of up to $2,500, Service Payment of $5000 to Plaintiff, settlement administration costs of up to $7250. After these expenses, the amount available to be distributed to the Class would be $157,375. There are 152 rental units, and the average recovery is $1035 per unit. Some rental units have more than one class member. (Points and Authorities p. 10 fn 5.) Class Counsel states that there are 191 class members. Pursuant to the settlement agreement, all class members will receive notice. The average recovery for each unit would be $1,000.
The motion makes an adequate analysis as required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116.
The proposed class notice form and procedure are adequate.
The proposed class is appropriate for class certification.
The scope of the named plaintiff release is appropriate. The agreement for the named plaintiff may include a Civil Code 1542 waiver.
The scope of the class release is appropriate. The scope of the class release is limited to the claims arising out of the claims in the complaint where the named plaintiffs are typical and can adequately represent the class. (Amaro v. Anaheim Arena Management, LLC (2021) 69 Cal.App.5th 521, 537-538
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
The Court notes and approves of the plan to distribute the settlement funds with no claims process.
The unclaimed funds will be distributed to My Eden Voice. This is consistent with CCP 384. 25CV119043: RETHERFORD vs MYERHOFF AND ASSOCIATES, LLC, et al. 07/28/2026 Hearing on Motion - Other MOTION FOR (1) PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; (2) PROVISIONAL CERTIFICATION OF CLASS AND APPOINTMENT OF CLASS COUNSEL; (3) APPROVAL OF FORM AND METHOD OF CLASS NOTICE; (4) THE SCHEDULING OF A FINAL FAIRNESS HEARING; filed by Bryn Reth... CRS# 121479940576 in Department 21 Counsel has provided a declaration in support of the motion that provides the information required by CCP 382.4.
The Court ORDERS that the final approval hearing is set for 1/12/27. Class counsel must must comply with CCP 384(b) and to submit a summary accounting how the funds have been distributed to the class members and the status of any unresolved issues.
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 not be distributed to counsel until the completion of the distribution process and Court approval of a final accounting.
The court ORDERS that at the time of the final accounting that counsel for plaintiff transmit a copy of this order and the final judgment and the final accounting to the Judicial Council. (CCP 384.5; Govt Code 68520.)
The court will sign the proposed order, which is modified by this order. Plaintiff must reserve a hearing for the motion for final approval.
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 courts 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.