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Litwin v. iRenew Bio Energy Solutions, LLC

California Court of Appeals, Second District, First Division

May 28, 2014

SERYL LITWIN et al., Plaintiffs and Respondents,
v.
iRENEW BIO ENERGY SOLUTIONS, LLC, Defendant and Respondent; BERT CHAPA, Objector and Appellant.

[As modified May 29, 2014.]

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

APPEAL from a judgment of the Superior Court of Los Angeles County, No. BC447114 Kenneth R. Freeman, Judge.

Page 878

[Copyrighted Material Omitted]

Page 879

COUNSEL

Lang, Hanigan & Carvalho and Timothy R. Hanigan for Objector and Appellant.

Kirtland & Packard, Michael Louis Kelly, Behram V. Parekh and Heather M. Baker for Plaintiffs and Respondents.

Weintraub Tobin Law Corporation and David R. Gabor for Defendant and Respondent.

OPINION

CHANEY, J.[*]

Plaintiffs filed class action lawsuits against iRenew Bio Energy Solutions, LLC, Harvest Trading Group, Inc., and Harvest Direct, LLC (collectively defendants) for advertising a bracelet made by iRenew as a revolutionary bracelet that uses the body’s “biofield” to improve strength and wellness. Alleging the advertising claims were false, plaintiffs sought injunctive relief and damages on behalf of all persons in the United States

Page 880

who purchased an iRenew bracelet. Defendants agreed to settle the lawsuit, and the trial court approved a settlement agreement in which defendants would create a fund to reimburse class members for the purchase cost of the bracelet. Pursuant to the agreement, the trial court awarded $215, 000 in attorney fees. Appellant Burt Chapa, a class member, objected to the settlement, alleging the trial court abused its discretion in awarding attorney fees and the notice afforded ...


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