Unless you excluded yourself, you stay in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant Guenther about the legal issues in this case. The Court granted Final Approval of the Settlement on January 28, 2022. All class members release all “Released Claims” against all “Released Parties.”
“Released Claims” means all actions, claims, demands, rights, suits, or causes of action, including without limitation all claims that arise from, involve, or in any way relate to Guenther and its related entities, or that arise from or relate to the allegations made or conduct described in the Lawsuit including but not limited to allegations related to violations of RCW 59.18.257. This release covers, without limitation, any and all claims for attorneys’ fees, costs, or disbursements incurred by Counsel for Plaintiff and the Settlement Class Members or any other counsel representing Plaintiffs or Settlement Class Members in connection with or related in any manner to this Agreement or the Lawsuit, the settlement of the Lawsuit, the administration of this Agreement and the settlement contemplated thereunder, Settlement and/or the Settled Claims. Plaintiffs and the Settlement Class Members expressly waive and fully, finally, and forever settle and release any known or unknown, suspected or unsuspected, contingent or non-contingent claims with respect to the Settled Claims, whether or not concealed or hidden, without regard to any subsequent discovery or existence of different or additional facts.
“Released Parties” means Defendant Guenther, and all affiliates, parents, subsidiaries, insurers, agents, lawyers, officers and directors, members, managers, servants, employees, and marital communities of any such released persons.
Additionally, with respect to any and all Released Claims, you and your respective agents, successors, heirs, assigns, and any other person who can claim by or through you in any manner, shall be deemed to have waived, and by operation of the judgment of the Court shall have expressly waived, any and all claims, rights, or benefits they may have under California Civil Code § 1542 and any similar federal or state law, right, rule, or legal principle that may be applicable. California Civil Code § 1542 provides as follows:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.