FOR THE COUNTY OF RIVERSIDE RIVERSIDE HISTORIC COURTHOUSE

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Merry Cameron
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1 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE RIVERSIDE HISTORIC COURTHOUSE 1 J. JAMES MILO, an individual, Petitioner and Plaintiff, v. COACHELLA VALLEY WATER DISTRICT, a county water district; and DOES 1- ; Respondents and Defendants. Case No. PSC000 [PROPOSED] FINAL JUDGMENT AND FINAL ORDER Date: September, Time: :0 a.m. Dept.: Judge: Sharon J. Waters This matter came before the Court as Plaintiff s Motion for Final Approval of a Class Action Settlement and Motion for Attorney s Fees, Reimbursement of Expenses, and Service Award on September, at :0 a.m. in Department of the Superior Court of State of California for the County of Riverside, the Honorable Sharon J. Waters presiding, pursuant to California Rules of Court, Rule.. Appearing for Petitioner/Plaintiff J. James Milo were Eric J. Benink and Benjamin T. Benumof. Appearing for Respondent/Defendant Coachella Valley Water District ( District or CVWD ) was James B. Gilpin. Upon reviewing the motions, the points and authorities in support thereof, the evidence and argument in support thereof, and having reviewed and considered the Settlement Agreement and any timely and proper objections, and good cause appearing thereon, the Court makes the following Final Judgment and Order 1 CASE #PSC000

2 1 findings and determinations, and ORDERS, ADJUDGES, AND DECREES as follows: 1. For purposes of this Final Judgment and Final Order, the Court adopts all defined terms as set forth in the Settlement Agreement lodged with the Court on June 0, and incorporates said terms by reference herein.. The Court has jurisdiction over the claims of the Class Members asserted in this proceeding and over all parties to this Action.. The Court finds that the applicable requirements of California Code of Civil Procedure section and Rule. of the California Rules of Court have been satisfied with respect to the certification of the Class. Accordingly, the Court hereby makes final its provisional certification of the Class defined as: All persons (which includes entities such as firms, companies, corporations, associations, and public entities) who were Coachella Valley Water District domestic water customers during the period October 1, through July,, excluding (a) any officers and board members of the District; (b) Desert Falls Villas I Homeowners Association; (c) any judge assigned to hear this case; and (d) the persons who timely and properly excluded themselves from the Class identified as follows: Dessie Gardner, Viola L. Curdes, Kay E. Nicholas, Mary Brownlee, Eugene Beloff, and James Merrifield.. Plaintiff J. James Milo and attorneys Eric J. Benink, Esq. and Benjamin T. Benumof, Esq. of Krause Kalfayan Benink & Slavens, LLP fairly and adequately represented the Class Members and satisfy the requirements to be the representative of and counsel to the Class and are therefore finally approved as the Class Representative and Class Counsel, respectively.. Pursuant to this Court s July, Order Preliminarily Approving Class Action Settlement and Directing Notice to the Proposed Class, the Settlement Class was given notice that fully and accurately informed the Settlement Class of the terms of the Settlement; their right to request exclusion; their right to comment on or object to the Settlement; their right to submit a Claim for refund; Class Counsel s application for attorney s fees, and the Class Representative s Final Judgment and Order CASE #PSC000

3 1 request for a service award; and their right to appear in person or through counsel at the Fairness Hearing. The notice procedure afforded adequate protections to the Settlement Class, was the best notice practicable, and satisfied the requirements of law and due process. Accordingly, the Court determines that all Class Members who did not timely and properly request an exclusion are bound by this Final Judgment and Final Order, including the Release set forth in the Settlement Agreement. Persons who validly and timely excluded themselves are not Class Members and not bound by this Final Judgment and Order or the Release.. The Court hereby grants final approval to the Settlement, which resolves all disputes between CVWD and the Class arising out of, or relating to, the facts and circumstances giving rise to the Lawsuit or the Class Claim, or arising out of, or relating to, those water rates, drought penalties and fines imposed pursuant to District Ordinance Nos., 0,,,,. and 0. The Court further finds the Settlement to be fair, adequate, reasonable, and in the best interests of the Class as a whole. The Court finds that the Settlement: (1) was reached following Class Counsel s extensive review and consideration of all of the relevant evidence, including a,000 plus page administrative record; () was the result of serious, informed, adversarial and arms-length negotiations between the parties, including two mediation sessions; and () that the terms of the Class Settlement are in all respects, fair, adequate and reasonable. Accordingly, the Court hereby directs the parties to effectuate the Settlement in accordance with the terms of the Settlement Agreement.. For the reasons set forth in Plaintiff s motion for attorney s fees and reimbursement of expenses, the Court hereby awards Class Counsel attorney s fees in the amount of $ and reimbursement of expenses in the amount of $. For the reasons set forth in the Class Representative s request for a service award, the Court hereby awards the Class Representative $ as a service award. The foregoing sums shall be paid from the Common Fund as set forth in the Settlement. Final Judgment and Order CASE #PSC000

4 1. The CVWD s request for reimbursement of publication costs is granted. The CVWD shall deduct $ from the Common Fund for the costs of publication of the Publication Notice as set forth in the Settlement.. The Court hereby awards fees and reimbursement of expenses to the Claims Administrator, Rust Consulting, Inc., in the amount of $ for fees incurred through August, and an amount not to exceed $ for estimated fees and expenses in the future. The CVWD shall pay said fees and expenses to the Claims Administrator from the Common Fund as set forth in the Settlement.. In accordance with, and for the reasons stated herein, Plaintiff and the Class, on the one hand, and the Defendant, on the other, shall take nothing further from the other side except as expressly set forth in the Settlement Agreement and this Final Judgment and Final Order.. Pursuant to California Code of Civil Procedure section. and Rule.(h) of the California Rules of Court, the Court reserves exclusive and continuing jurisdiction over this action, the Plaintiff, the members of the Class, and Defendant for purposes of administrating, consummating, enforcing, and interpreting the Settlement Agreement, the Final Order and Final Judgment, and for any other necessary purpose; and to issue related orders necessary to effectuate the final approval of the Settlement Agreement. 1. The CVWD shall file a report with the Court stating the amounts distributed to the Claims Administrator as refunds for verified claims and the amounts credited to customer accounts on or before December 1,.. The Claims Administrator shall file a report with the Court on or before December 1, stating the amounts of the claims paid. Final Judgment and Order CASE #PSC000

5 .(h).. This document shall constitute a Judgment for purposes of California Rule of Court IT IS SO ORDERED. 1 DATED: Judge of the Superior Court Final Judgment and Order CASE #PSC000

COPY. MAY o E. Rodriguez

COPY. MAY o E. Rodriguez COPY J Eric J. Benink, Esq. (SBN ) eric@kkbs-law.corn Benjamin T. Benumof, Esq. (SBN 0) Ben@kkbs-law.corn Krause, Kalfayan, Benink & Slavens, LLP 0 West C Street, Suite 0 San Diego, CA 0 Tel: () -0 Fax: