Questions? http://www.lacitysan.org/BIF‐Overcharges.htm or Call 1‐800‐773‐2489. Page ‐ 1 -
If You Owned or Lived in a Condominium or Townhouse and Paid a Multi-Family Bulky
Item Fee You May Be Entitled to a Refund
The Los Angeles Superior Court authorized this notice. This is not a solicitation from a lawyer.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM Get a refund of Multi-Family Bulky Item Fee (“BIF”) mischarges.
EXCLUDE YOURSELF Get out of the lawsuit. Get no settlement benefits.
OBJECT Write to the Court about why you don’t like the settlement.
DO NOTHING Get no declaration. Get no BIF refund. Give up your rights.
Please read this entire Class Notice carefully.
Questions? http://www.lacitysan.org/BIF‐Overcharges.htm or Call 1‐800‐773‐2489. Page ‐ 2 - WHAT IS THIS LAWSUIT ABOUT?
In the lawsuit, Grossman v. City of Los Angeles, Plaintiff contends that the City of Los Angeles (“City”) improperly collected a Multi-Family Bulky Item Fee (“BIF”) from condominium and townhouse owners and tenants. BIF is $1.28 per month, which is shared between owner and tenant ($0.64 each).
The parties have agreed to settle the lawsuit on the terms explained in this notice. WHO IS INCLUDED IN THE SETTLEMENT CLASS?
You are a member of the Class if you were a customer of the City of Los Angeles Department of Water and Power (“DWP”) who either owned (including homeowners associations) or lived in a condominium or townhouse* and paid BIF during the time period of August 5, 2008 through the date of preliminary approval by the Court on January 8, 2014 (the “Class Period”).
*The term “condominium” may include townhouses. In this notice, any further reference to condominium includes townhouses.
THE SETTLEMENT BENEFITS A DECLARATION FROM THE COURT
Declaratory relief will issue that, during the Class Period, the Bulky Item Fee presently codified in Los Angeles Municipal Code section 66.41 (c) was not applicable to condominium customers of the Los Angeles Department of Water and Power (“DWP”) and any such customers charged were charged improperly.
A REFUND IF YOU SUBMIT A CLAIM
If the City determines that you were mischarged BIF during the Class Period, you will receive a full refund of the BIF that you paid anytime from December 1, 2009 to the deadline to submit a claim, or June 9, 2014.
Current Customers: If you are a current customer of DWP, at the City’s option, your BIF refund will be reflected either as a credit on your DWP invoice or you will be sent a check.
Former Customers: If you are no longer a customer of DWP, you will receive a check mailed to your last known address.
To receive a refund, you must complete and return the light blue Claim Form no later than June 9, 2014.
If you either owned or lived in a condominium and believe you may have paid BIF at any time during the Class Period, please complete and return the enclosed light blue Claim Form.
The City has already provided BIF Refunds to certain Class Members. However, you may be entitled to additional refunds through this settlement. Even if you already received a refund, you must complete and return the Claim Form to get additional money from the settlement.
WHAT ELSE DOES THE SETTLEMENT PROVIDE?
Questions? http://www.lacitysan.org/BIF‐Overcharges.htm or Call 1‐800‐773‐2489. Page ‐ 3 - City further agrees to create a claims process where such mischarged customers can obtain refunds.
WHEN WOULD I GET MY PAYMENT?
The City will make a determination on whether you paid BIF mischarges no later than October 6, 2014. EXCLUDING YOURSELF FROM THE SETTLEMENT
HOW DO I GET OUT OF THE SETTLEMENT?
If you do not wish to be included in the Class and receive a refund of BIF mischarges, then you must send a letter stating that you want to be excluded from this lawsuit. Be sure to include your name, address, telephone number, and your signature. Your mailed exclusion request must be post-marked no later than October 21, 2014 to:
City of Los Angeles
Bureau of Sanitation, SRSSD Bulky Item Fee Inquiries P.O. BOX 57100
Los Angeles, CA 90017
If you asked to be excluded, you will not get any settlement payment, and you cannot object to the settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) the City concerning BIF mischarges in the future.
THE LAWYERS REPRESENTING YOU DO I HAVE LAWYERS IN THIS CASE?
The Court appointed Stephen M. Harris, Esq. of the law firm of KNAPP, PETERSEN & CLARKE to represent you and other class members. This attorney is called Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense and enter an appearance through your own counsel. HOW WILL THE LAWYERS BE PAID?
Class Counsel will ask the Court to award attorneys’ fees and expenses to the Class Counsel that worked on this case in an amount not to exceed 25% of the refund amount paid to Class Members who submitted claims, or $50,000, whichever is greater, which the City will not oppose. This amount will be paid by the City.
In addition, the named plaintiff Gary Grossman, who filed the administrative claim against the City and assisted Class Counsel in this case, will ask the Court to award him a service award for his time and effort acting as the named plaintiff and/or for his assistance and willingness to bring this litigation. The named plaintiff will request $2,500, which the City will not oppose. This amount will be paid by the City.
Questions? http://www.lacitysan.org/BIF‐Overcharges.htm or Call 1‐800‐773‐2489. Page ‐ 4 - OBJECTING TO THE SETTLEMENT
HOW DO I TELL THE COURT THAT I DO NOT LIKE THE SETTLEMENT?
If you are a Class Member, you can object to the settlement if you do not like any part of it and the Court will consider your views. To object, you must send a letter to the parties saying that you object to the settlement in Grossman v. City of Los Angeles, No. BC467057. Be sure to include your name, address, telephone number, your signature, and the reasons you object to the settlement. You may also be required to prove that you paid BIF mischarges during the Class Period. Your objection must be received at these two different places no later than October 21, 2014. Send your objection to:
Stephen M. Harris
KNAPP, PETERSEN & CLARKE 550 N. Brand Boulevard, Suite 1500 Glendale, CA 91203-1922
Adena M. Hopenstand Deputy City Attorney
200 North Main Street, 9th Floor City Hall East, Room 916
Los Angeles, CA, 90012
WHAT IS THE DIFFERENCE BETWEEN OBJECTING AND EXCLUDING?
Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class or the lawsuit. You cannot request exclusion and object to the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you. Class Members who do not exclude themselves may, if they wish, enter an appearance through their own counsel.
RELEASE OF CLASS MEMBERS’ CLAIMS AND DISMISSAL OF LAWSUIT IN RETURN FOR THESE SETTLEMENT BENEFITS, WHAT AM I GIVING UP?
If the Court approves the proposed settlement and you do not request to be excluded from the Class, you must release (give up) all claims concerning the City’s BIF mischarges. If you remain in the Class, you may not assert any of those claims in any other lawsuit or proceeding. This includes any other lawsuit or proceeding already in progress. The judgment and orders entered in this case, whether favorable or not, will bind all Class Members who do not request to be excluded.
The full terms of the Release are contained in the Stipulation of Settlement that is available at http://www.lacitysan.org/BIF-Overcharges.htm, or at the public court records on file in this Action.
THE FINAL APPROVAL HEARING
WHEN AND WHERE WILL THE COURT DECIDE WHETHER TO APPROVE THE SETTLEMENT?
Questions? http://www.lacitysan.org/BIF‐Overcharges.htm or Call 1‐800‐773‐2489. Page ‐ 5 - County Superior Court, Central Civil West, 600 S. Commonwealth Ave, Los Angeles, CA, 90005, Department 310. At this hearing, the Judge will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Judge will consider them. The Judge will listen to people who have asked to speak at the hearing. After the hearing, the Judge will decide whether to approve the settlement. We do not know how long this decision will take.
DO I HAVE TO COME TO THE HEARING?
No. Class Counsel will answer questions the Judge may have. But, you are welcome to come at your own expense. If you submit an objection, you do not have to come to the Court to talk about it. As long as you delivered your written objection on time, the Judge will consider it. You may also pay your own lawyer to attend, but it is not necessary.
MAY I SPEAK AT THE HEARING?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file with the Court a “Notice of Intention to Appear.” Be sure to include your name, address, telephone number, and your signature. You may also be required to provide proof that you are a Class Member. Your Notice of Intention to Appear must be filed no later than October 21, 2014, and must also be served on Class Counsel and Defense Counsel at the two addresses listed above.
GETTING MORE INFORMATION ARE THERE MORE DETAILS ABOUT THE SETTLEMENT?
This notice summarizes the proposed settlement. The Stipulation of Settlement contains the complete terms. You can get a copy of the Stipulation of Settlement on the internet at http://www.lacitysan.org/BIF-Overcharges.htm, or by reviewing the records on file in the Los Angeles County Superior Court, Central Civil West.
PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.
/s/ The Honorable Kenneth R. Freeman
