The plaintiffs and CPK asked the court in May 2022 to approve a deal that they said had “a conservative value” of more than $3.7 million if even 2% of the class were to seek reimbursement for “ordinary” expenses of up to $1,000, and up to $5,000 for “extraordinary expenses.” The group of objectors argued to Judge Carter that it was a “rotten deal” that appeared to be reached through collusion and ignored the potential of the claims under California’s Consumer Privacy Act, which they valued at $77 million.
Judge Carter ultimately approved the deal. On appeal, the objectors argued the settlement “at most” could come to $497,974.50, with $800,000 in attorney fees. Although Judge Carter expressed concerns over the attorney fees and the collusion allegations during in-person hearings, the preliminary and final orders did not address those concerns, according to the objectors.
On Monday, Judge Collins repeatedly raised the issue of the order not addressing the concerns the judge expressed orally. Judge Kenneth K. Lee did not go as far as Judge Collins, but did say it looked as if Judge Carter didn’t address his previous concerns about the attorney fees, while Judge Richard Clifton focused his questions on the merits of the case.
