In re Cipro Cases I & II CA4/1
Objectors Sean Hull, Sarah McDonald and Steven Helfand brought two appeals pertaining to a partial class action settlement between the plaintiffs and certain defendants in the underlying proceeding. During the pendency of the appeals, the Supreme Court issued its opinion in Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5th 260 (Hernandez), in which the Court relied on longstanding Supreme Court precedent to reaffirm that unnamed class members may not appeal from a class judgment, settlement or attorney fee award unless those members have become parties to the action by formal intervention or filing a motion to vacate the judgment. After the opinion in Hernandez was filed, the plaintiffs filed a motion to dismiss the objectors' appeals, on the ground that none of the objectors had become parties to the action by intervening or filing a motion to vacate the judgment. The defendants joined in the plaintiffs' motion.
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