California Court of Appeal

In an action against Netflix alleging that its advertised practices of sending customers "unlimited" DVD rentals with "1 Day Delivery" for a flat monthly rate were false wherein Netflix agreed to settle the class action before the class was certified, approval of the settlement and award of attorney fees are affirmed over claims that the trial court abused its discretion in: 1) denying a motion for leave to intervene, 2) approving a settlement agreement which failed to promote the purpose of class litigation; 3) affording a deficient notice to class members; and 4) determining the amount of fees awarded to class counsel.

Appellate Information

• Decided 04/21/2008
• Published 04/21/2008

Judges

• MARGULIES, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Daniel Brown, for Objector and Appellant Laura Ellis., Steven F. Helfand, San Francisco, for Objectors and Appellants David Meininger et al., Kendrick & Nutley, J. Garrett Kendrick, C. Benjamin Nutley, for Objector and Appellant John Vogel.


• For Appellees:
  
• Gutride Safier Reese, Adam J. Gutride, Seth A. Safier, for Plaintiff and Respondent Frank Chavez., Wilson Sonsini Goodrich & Rosati, Keith E. Eggleton, Rodney G. Strickland, Jr., Dale R. Bish, Palo Alto, for Defendant and Respondent Netflix, Inc.