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FULL CLASS NOTICE

TO: All consumers in California who (1) possess a Black Angus gift card which has a balance of less than $10.00, or (2) possessed such a gift card from March 27, 2011 through January 8, 2016, and were informed by a Black Angus employee in California that it could not be redeemed for cash.

PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. THIS NOTICE RELATES TO A PROPOSED SETTLEMENT OF THIS CLASS ACTION AND, IF YOU ARE A MEMBER OF THE CLASS, CONTAINS IMPORTANT INFORMATION AS TO YOUR RIGHTS CONCERNING THE SETTLEMENT.

THIS NOTICE AFFECTS YOUR RIGHTS
A settlement was given preliminary approval in a class action lawsuit pending in the California Superior Court for the County of San Bernardino entitled Jennifer Froehlich v. Black Angus Steakhouses, LLC, case number CIV DS1504360 (the “Action”). The purpose of this Notice is to provide a brief summary of the claims asserted and the terms of the Settlement. If you wish to be included in the proposed Settlement, you do not have to do anything to indicate your consent. If you wish to be excluded from this Settlement, follow the instructions in this Notice.

WHAT'S THIS ABOUT?
The Settlement will resolve the Action involving Plaintiff’s claims that Defendant failed to redeem gift cards for cash, upon request, when the remaining balance on the gift card was less than $10.00. Defendant denies any wrongdoing. After participating in a mediation with an experienced neutral, the parties concluded it is in their best interests to settle the Action to avoid the expense and uncertainty of ongoing litigation. The Court did not decide which side was right, but both sides agreed to the Settlement.

WHO IS IN THE CLASS?
All consumers in California who (1) possess a Black Angus gift card which has a balance of less than $10.00, or (2) possessed such a gift card from March 27, 2011 through January 8, 2016, and were informed by a Black Angus employee in California that it could not be redeemed for cash

WHAT DOES THE SETTLEMENT PROVIDE?
The Court has preliminarily approved the following settlement terms: Black Angus Steakhouses, LLC agrees to: (1) fully comply with Civil Code section 1749.5 in all of its California locations; (2) thoroughly review its policies and practices in regard to redeeming its gift cards and update its employee manuals, SOPs, etc., to state: “California law requires that a gift card must be redeemed for cash, upon a customer’s request, when the gift card balance falls below $10.00” or similar language; (3) hold at least one training session for its existing guest-facing employees in its California locations for purposes of reviewing Black Angus gift card redemption policies, and provide verification of the employees understanding of the gift card redemption policy to class counsel; (4) verbally instruct new employees that California law requires that a gift card must be redeemed for cash, upon a customer’s request, when the gift card balance falls below $10.00; (5) post for 24 months a reasonably sized notice in an employee-only area stating the following or similar language: “California law requires that a gift card must be redeemed for cash, upon a customer’s request, when the gift card balance falls below $10.00;” (6) publish for 24 months either on its “Gift Card” web page or on its “Terms and Conditions” web page the following or similar language: “In California, Black Angus gift cards with balances under $10 are redeemable for cash;” (7) establish and maintain a claims process for 12 months whereby gift card holders with a remaining balance less than $10.00 and were informed by an Black Angus employee that redemption for cash was not permissible, will receive a voucher valued at $9.99 which can be used at an Black Angus location in California, without an additional purchase requirement. The maximum number of vouchers which may be claimed by class members is limited to 5000 claims or 50% of the total number of class members; (8) perform internal audits of its compliance with the terms of a settlement agreement 2 times a year during a 2 year period.

Finally, subject to Court approval, the class representative will receive an incentive award of $2,000.00 and the attorneys for the Class will be paid $65,000.00 total for their attorneys’ fees and costs.

RELEASE OF ALL CLAIMS
If the Court approves the Settlement, it will enter a judgment in the Action binding all Class Members. Class Members who do not validly and timely request to be excluded from the Settlement, shall release and forever discharge Black Angus for any and all claims for damages, restitution, or injunctive or other legal or equitable relief, based on any failure by Black Angus to redeem a gift card with a balance of less than $10.00 for cash.

WHAT ARE YOUR OTHER OPTIONS?
If you want to opt out of the Settlement, you must exclude yourself. To be excluded, you must submit a letter postmarked no later than February 26, 2016, containing (a) the full name, address, and telephone number of the person requesting exclusion, (b) the name of the lawsuit, and (c) a statement that the person is a member of the Class and wishes to be excluded from the Settlement Class. To be considered valid, a request for exclusion must set forth all of this information, be timely, and be sent to class counsel: Fineman Poliner LLP, 155 N. Riverview Dr., Anaheim Hills, CA 92808-1225.

Class Members who want to object to the Settlement must file with the Court a written objection or a notice of intention to appear at the Final Fairness Hearing, and serve copies on class counsel listed above postmarked no later than February 26, 2016. The written objection must include: (a) the full name, address, and telephone number of the person objecting; (b) a statement that the person is a Settlement Class Member; (c) the words “Notice of Objection” or “Formal Objection;” (d) in clear and concise terms, the legal and factual arguments supporting the objection; (e) whether the person intends to speak at the Final Fairness Hearing, (f) a detailed list any other objections by that Class Member or that Class Member’s counsel to any class action settlements submitted in any court, whether state, federal, or otherwise, in the United States in the previous five (5) years; and (g) the Class Member’s signature, even if represented by counsel. The Objection will not be valid if it only objects to the Action’s appropriateness or merits. Class Members who fail to make objections in this manner will be deemed to have waived any objections and will be foreclosed from making any objections (whether by appeal or any other process) to the Agreement. Only Class Members who file and serve timely written objections or Notices of Intention to Appear can speak at the Final Fairness Hearing. If you do not make objections in this manner, you will be deemed to have waived any objections and will not be allowed to speak at the Final Fairness Hearing. Class Members who make objections will be subject to a deposition prior to the Final Fairness Hearing at the law offices of Fineman Poliner LLP located at 155 N. Riverview Dr., Anaheim, California, upon seven days’ notice, with costs and objector’s attorneys’ fees to be borne by the objector.

FINAL APPROVAL HEARING
The Court will have a Final Fairness Hearing to decide whether to finally approve the Settlement on March 11, 2016, at 8:30 a.m. before the Hon. John M. Pacheco in Department S31 of the California Superior Court for the County of San Bernardino, 247 W. 3rd St., San Bernardino, California.

ADDITIONAL INFORMATION
The above description of the Action is general in nature. To see the complete file you may visit the office of the Clerk of the Court in Department S31 of the San Bernardino Superior Court. The Clerk will make the lawsuit’s file available for inspection and copying at your own expense.

CHECK THIS WEBSITE AFTER MARCH 11, 2016 TO LEARN HOW YOU CAN MAKE A CLAIM IF THE SETTLEMENT IS GIVEN FINAL APPROVAL.

Notice of Entry of Judgment