Kullar

Kullar v. Foot Locker Retail, Inc.

Good Law
168 Cal. App. 4th 116·2008 Cal. App. LEXIS 1740·85 Cal. Rptr. 3d 20·14 Wage & Hour Cas.2d (BNA) 1719
Court of Appeal of CaliforniaOctober 14, 2008A119697California6,950 words

Opinion

Opinion

Pollak, J.

Objector Crystal Echeverría and two other objectors appeal from a judgment approving the terms of a settlement agreement entered in this class action against defendant Foot Locker Retail, Inc. (Foot Locker). They contend the trial court erred in finding the terms of the settlement to be fair, reasonable and adequate without any evidence of the amount to which class members would be entitled if they prevailed in the litigation, and without any basis to evaluate the reasonableness of the agreed recovery. The settlement was reached in arm’s-length negotiations between competent counsel with the assistance of an experienced mediator and may well, in fact, be entirely reasonable in view of the strength of the claims and defenses and the cost and risks of further litigation. Nonetheless, we agree with objectors that the court bears the ultimate responsibility to ensure the reasonableness of the settlement terms. Although many factors must be considered in making this determination, and the court is not required to decide the ultimate merits of the class members’ claims before approving a proposed settlement, an informed evaluation cannot be made without an understanding of the…

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