Unopposed Motion For Dismissal Of Class And Representative Allegations Pursuant To California Rules Of Court Rule 3770(A)-(C)
Set for Law and Motion/Discovery Calendar on Thursday, March 26, 2026, Line 5. Plaintiff Jonathan Rubin's unopposed Motion For Dismissal Of Class And Representative Allegations Pursuant To California Rules Of Court Rule 3770(A)-(C) is DENIED WITHOUT PREJUDICE.
Plaintiff seeks a court order under California Rules of Court rule 3.770. Plaintiff does not provide sufficient information or analysis. "Requests for dismissal must be accompanied by a declaration setting forth the facts on which the party relies. The declaration must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail." (California Rules of Court, rule 3.770(a).)
The Carlin Declaration does not describe the consideration given at all, let alone "in detail." Nor does it clearly state whether consideration, direct or indirect, is being given for dismissal of the class claims (even if without prejudice). Nor is there any analysis in the memorandum of points and authorities demonstrating Plaintiffs received no consideration for dismissal of the class claims, which generally will require an analysis of the individual claims, their value, the settlement amount, the relation between these figures; the attorney's fees recovery and whether it demonstrates consideration for abandoning the class claims.
The court's adjudication will likely focus on the specific terms of the settlement agreement; at least the relevant provisions must be before the court and part of the public record on the motion. The court is not inclined to review the settlement without public access even if the parties intended to keep it confidential.
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