Cho

Cho v. Seagate Technology Holdings, Inc.

Caution
177 Cal. App. 4th 734·2009 Cal. App. LEXIS 1520·99 Cal. Rptr. 3d 436
Court of Appeal of CaliforniaSeptember 15, 2009A121623California1,246 words

Opinion

Opinion

Siggins, J.

Plaintiff Sara Cho filed a representative class action against Seagate Technology Holdings, Inc. (Seagate), for falsely overstating in advertising and packaging the storage capacity of computer disc drives that it manufactures for public sale. The case was settled and David Klausner objected to the settlement. Klausner argued the class definition was imprecise and misleading, and that there was the possibility of collusion between the parties affecting settlement negotiations. In particular, Klausner claimed that collusion was evident because once the parties learned of Klausner’s objections, they modified their positions on the scope of class membership without changing the class definition. The trial court overruled Klausner’s objections and approved the settlement. We conclude that Klausner has not shown the trial court abused its discretion in approving the settlement, and that there are no facts that show the parties engaged in any collusion or improper conduct. But we remand to require notice to the class that accurately reflects class membership as agreed upon by the parties, and intended by the court to be included within the settlement.

FACTUAL AND PROCEDURAL…

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