California Court of Appeal

In this class action case, Brennan, a member of the class, challenges the settlement, including the notice regarding the award of attorneys' fees and the amount of attorneys' fees awarded. Order approving the class action settlement is affirmed, where: 1) the class notice complied with California Rules of Court rule 3.769 and did not violate the class members' due process rights; 2) calculating the amount of class counsel's attorneys' fees based on a percentage approach rather than the lodestar method was proper, given that there is a common fund here; 3) the inclusion of a clear sailing provision in the settlement agreement did not constitute a breach of fiduciary duty in the absence of any evidence of collusion.

Appellate Information

• Decided 11/21/2014
• Published 11/21/2014

Judges

• Segal

Court

• California Court of Appeal

Counsel