Notice of Class Action Settlement
(CA)

Summary

This template illustrates the structure of notice of a proposed class action settlement under California law. It includes standard language that should be included in any such notice. This template includes practical guidance, drafting notes, and optional clauses. A proposed class action settlement notice must be filed with a motion for preliminary approval of a settlement. Cal. Rules of Ct., R. 3.769(c). The notice will include information that could impact the class member's decision about how to respond to the proposed settlement, such as: • Background on the underlying case • The settlement amount • Class members' options for responding to the settlement, including the methods and deadlines for objecting to or opting out of the settlement • Notice that class members will be bound by the settlement if they do not exclude themselves from it • Class counsel's and the settlement administrator's contact information, identification of defendant's counsel, and the right of class members to appear through their own counsel • What claims and rights will be released if the settlement is finally approved • The time, date, and location of the final approval hearing See, e.g., Cellphone Termination Fee Cases, 186 Cal. App. 4th 1380, 1390 (2010); Cal. Civ. Code § 1781(d)-(f) (relating to notice requirements in Consumer Legal Remedies Act settlements). Because class members must be given notice of the date, time, and place of the final approval hearing, a notice of proposed class action settlement must include this information. See Cal. Rules of Ct., R. 3.769(e)-(f). This notice template is designed for a case in which the parties will use an opt-out settlement procedure, as is common in California. See Cal. Code Civ. Proc. § 382; L.A. Gay & Lesbian Ctr. v. Superior Ct., 194 Cal. App. 4th 288, 305–06 (2011). Furthermore, this template is for use in a case in which the class members will receive individual benefits and may be adapted for use when a settlement will involve an injunction. The size of the proposed class or the settlement terms may dictate specific formatting and additional requirements. For example, in some cases the notice may be accompanied by additional information, such as a class member-specific information sheet or an opt-out form. An opt-out template is included at the end of this notice template. In other cases, the notice and related information will be made available online or by email. For more on class action settlement procedures, see Class Action Fundamentals (CA).