The Court has granted Preliminary Approval to a proposed Settlement of a class action lawsuit (“Action”) against Fusione, Inc., doing business as Unici Casa and Society Unici. It is important that you read this Notice carefully. The court has preliminarily approved the following individuals/customers, as “Class Members” and collectively as a “class” and they are now part of the Settlement.

You received a notice because you are a class member. If you are a member of the class as defined in Question 3 below, your rights may be affected by this Settlement. If you are a class member, you do not need to do anything at this time. If you do not meet the class definition, this notice does not apply to you. If you are uncertain as to whether you are a member of the class, contact JND Legal Administration, class counsel listed in Question 8 below, or consult your own attorney. DO NOT CONTACT THE COURT.

The notice is not an admission by Defendant or an expression of any opinion by the court concerning the merits of the action, or a finding by the court that the claims asserted in the action by Plaintiff are valid. Defendant has denied Plaintiff’s claims and maintains it is not liable for the damages alleged by Plaintiff.

Plaintiff is the court-appointed class representative (in this case, Lenell Timberlake). Defendant is a California Corporation that does business as Unici Casa and Society Unici.

Plaintiff’s First Amended Class Action Complaint alleges that Defendant violated the Gender Tax Repeal Act of 1985 (Civ. Code, § 51.6, subd. (b)), the Unruh Act (Civ. Code, § 51.5, subd. (a)), and committed an unfair business practice (Bus. & Prof. Code, § 17200, et. seq.) by charging paying male customers more than females to attend its parties at the venue known as “Unici Casa” in Culver City, California.  Plaintiff alleges that the practice has been ongoing since April 13, 2015.

Defendant has denied and continues to deny any wrongdoing in this action and believes that Plaintiff’s claims are without merit.  Defendant maintains that it did not discriminate against male paying customers.

The court has not yet ruled on the merits of Plaintiff’s claims or Defendant’s defenses.  The court granted Plaintiff’s motion for class certification on April 24, 2018, determined that this action may be maintained as a class action, and appointed Plaintiff as class representative.

The Parties have voluntarily agreed on the terms of a Settlement to resolve the claims. This Settlement is subject to approval by the court.  Class members have been sent notice of the Settlement that the court may approve, and class members who have not previously excluded themselves have an opportunity to object to the terms of the proposed settlement and will receive by electronic mail a payment, and one coupon for free admission to an event hosted by Defendant at its facility in Culver City California. The complimentary pass (coupon) shall be good for a period of one (1) year from the date of the Final Judgment approving the Agreement.

All males who paid to attend events promoted by FUSIONE, INC. from April 13, 2015, to March 24, 2018 at which differing prices of admission were offered to males and females.

By remaining in the class and thus receiving your share under the Settlement, you will be bound by all of the terms of the Settlement, including a Release of claims that will prevent you from suing the Defendant for the matters being settled in this case and only for the issues raised in the lawsuit.

Each class member who does not request to be excluded from the Settlement will be deemed to release and discharge the Defendant, together with its officers, directors, employees, and agents, from the claims stated in the Action and those based on the facts alleged in the complaint. Released Claims shall only include claims for violations of Civil Code sections 51.5 and 51.6, subdivision. (b) and Business and Professions Code, sections 17200, and following sections., as those Business and Profession code sections would apply to Civil Code sections 51.5 and 51.6, subdivision (b), and more specifically relate to Defendant’s prices of admission to events at its venue. (The complete terms of the Release are set forth in the settlement agreement filed with the court, attached as an exhibit to the Compendium of Exhibits to the motion for preliminary approval of class settlement.) You will automatically be included in the class unless you request exclusion under the procedure stated in Question 6 below.

If you are male and paid to attend a party hosted by Defendant between April 13, 2015, and March 24, 2018, at which differing prices of admission were offered to males and females, you will automatically be considered a member of the class unless you requested exclusion. You do not need to do anything to remain a member of the class. To exclude yourself from the class,.

If you do not wish to participate in the action, you may exclude yourself from the case (referred to as “opting out”) by submitting a signed and dated Request for Exclusion on the Opt-Out Form included with the notice to the Settlement Administrator at the address below no later than December 14, 2021.  You must sign your Opt-Out form for it to be valid.

The Request for Exclusion must be sent to:

The court has determined only that there is sufficient evidence to suggest that the proposed settlement might be fair, adequate, and reasonable. Any final determination of those issues will be made at the final approval hearing. If you believe the Settlement is unfair or inadequate in any respect, you may object to the Settlement by sending a written objection on the Objection Form included with the notice by mail to:

All objections must be signed and include your name and address. All Objection Forms must be postmarked no later than December 14, 2021. If you submit a timely objection, you have a right to appear and speak at the Final Approval Hearing, but are not required to do so.

As a class member you will be represented by class counsel. The Court has appointed the below attorneys to represent the class as described in Question 4.

David Greifinger, Esq.
Law Offices of David R. Greifinger
15515 W. Sunset Blvd, No. 214
Pacific Palisades, CA 90272
Tel.: (424) 330-0193
Facsimile: (831) 920-4864
Email: tracklaw@me.com

You are not required to retain separate counsel. The court has appointed the attorneys in Question 8 to represent the class.  If you do not request exclusion, you have the right to appearance through your own personal counsel who you retain at your own expense.  However, you are not required to retain separate counsel.  If you do not retain separate counsel and remain a class member, class counsel and the class representative will represent your interests.

To assist the court and the parties in maintaining an accurate list of class members, please update your name and contact information in the event of any changes.  You may update this information online on the Contact Us page or by mailing the Change of Email Address Form to: 

Fusione Litigation
c/o JND Legal Administration
PO Box 91226
Seattle, WA 98111

Please include your original address for verification purposes as well as your new contact information. If the postal service forwarded the notice to you, or it was otherwise sent to you at an address that is no longer current, you should immediately contact the Settlement Administrator and provide them with your correct address.  If the Settlement Administrator does not have your correct address, you may not receive notice of important developments in this action, or information about any settlements obtained for the benefit of the class.

The website provides only a summary of this action and the claims asserted by Plaintiff. You may review a copy of the Settlement Agreement and other documents by visiting the Important Documents page of this website.

You may also contact class counsel as described in Question 8 or call the Notice Administrator at (888) 663-1720.