Casiano v. Wet Seal Retail
Xochilt Casiano (Casiano) filed a wage and labor class action against Wet Seal Retail, Inc. (Wet Seal) in Los Angeles County (Casiano action). A settlement was agreed upon and preliminarily approved by the trial court. Meanwhile, appellant Sally Chaaban (Chaaban) filed a second class action against Wet Seal in Orange County (Chaaban action). Chaaban unsuccessfully objected to the settlement in the Casiano action. The settlement was approved and judgment was entered in favor of Wet Seal. Chaaban appealed. We reversed the judgment in Xochilt Casiano v. Wet Seal Retail, Inc. (May 6, 2009, B207672) [nonpub. opn.] (Casiano I) and directed the trial court to conduct a new fairness hearing for final approval of the settlement and independently evaluate the strengths and weaknesses of the Casiano action pursuant to Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116. After remand, Chaaban opted out of the class and the trial court again approved the settlement. Chaaban appealed. Because Chaaban opted out of the class, she is not an aggrieved party and therefore lacks standing. Accordingly, Chaaban’s appeal is dismissed.
Wet Seal and Casiano request sanctions against Chaaban and her attorney, Sima Fard (Fard). That request is denied.
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