Farrell v. OpenTable

OpenTable retails gift certificates to consumers around the country. They do so under California Law. These gift certificates have an expiration date, in violation of California Civil Code Section 1749.5, "It is unlawful for any person or entity to sell a gift certificate to a purchaser that contains...an expiration date."

1. Final Approval granted.
2. Objections of Fred Sondheimer were found to lack merit.
3. Objector Fred Sondheimer (through Attorney Schonbrun) appealed the Final Approval.
4. The Sondheimer appeal was voluntarily withdrawn, as a condition of his attorney receiving fees (discussed below).

1. Many class members will receive no relief.
2. Insufficient information is available to class members to evaluate the fairness of the settlement.
3. Fee agreement suggests signs of collusion.
4. Notice is deficient.
5. Attorneys' fee application is not available.
6. Requirements to submit objections are unduly burdensome.

Objector and Class Counsel reached an agreement to award Attorney Schonbrun $7,000 for supposed improvements to the settlement, even though his objections were overruled by the Court. As part of the agreement awarding the $7,000, Objector-Appellant Sondheimer agreed to drop his appeal.