If You Returned a Rented U-Haul Truck in California,

Transcription

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Aron v. U-Haul Company of California, et.al., Case No. BC If You Returned a Rented U-Haul Truck in California, The Settlement of A Class Action Lawsuit May Affect You. The lawsuit concerns persons who rented a U-Haul truck and returned it in California any time between April 27, 2000 through December 31, A California Court authorized this Notice. This is not a solicitation from a lawyer. Aron v. U-Haul is a legal case that involves persons who rented a truck at either a U-Haul rental center or at a U-Haul dealer in California or outside California, and then returned the truck in California during the period April 27, 2000 through December 31, 2007 (the Class Period ) to either a U-Haul rental center or to a U-Haul dealer. You are a Class member as part of the Underfill Group if you returned the truck with the truck s dashboard fuel gauge showing less fuel than when you picked up the truck and: * * * you paid a fueling fee of either $20 or $30, or you paid a per gallon fuel charge of between $2 and $4, or you paid both a fueling fee and a per gallon fuel charge. You are a Class member as part of the Overfill Group if you returned the truck with the truck s dashboard fuel gauge showing more fuel than when you picked up the truck and you were not reimbursed for the excess fuel. Your legal rights are affected whether you act or don t act. This Notice includes information about the settlement of the lawsuit. Please read the entire Notice carefully. Your rights and options and the deadlines to exercise them are explained in this notice. You may object to the settlement by October 15, see Question 12 You may file a Claim Form no later than January 14, 2015*, and receive the benefits of the settlement. see Questions 11 & 12 *Changes to the Claim Form deadline, if any, will be posted at You may enter an appearance through your own counsel. see Questions 12 & 16 Page 1 of 7

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION..... PAGES Why is there a notice? Who are the Defendant companies? What is this lawsuit about? Has the Court made any rulings in the case? Why is the lawsuit settling? What is a class action? MEMBERS OF THE CLASS PAGES How do I know if I am a Member of the Class? What is a Qualifying Transaction? What types of vehicle rentals are included in this class action? Do I need to have a copy of my U-Haul truck rental contract in order to Claim the Benefits of the Settlement? Do I need copies of my fuel receipts to Claim the Benefits of the Settlement? What are the Terms of the Settlement? What are my rights in the Lawsuit Now? What If I Did Not Previously Opt Out? THE LAWYERS REPRESENTING YOU... PAGES Do I have a lawyer in the case? How will the lawyers be paid? THE SETTLEMENT APPROVAL HEARING PAGE When and Where will the Court Decide Whether to Approve the Settlement? Do I have to Come to the Fairness Hearing? May I Speak at the Fairness Hearing? GETTING MORE INFORMATION. PAGE How do I get more information? CLAIM FORM. PAGE 7 BASIC INFORMATION 1. Why is there a notice? The parties have agreed to settle this case. You have the right to know about the litigation and the terms of the proposed settlement and your legal rights and options before you decide what to do. The Court in charge of the case is the Superior Court of the State of California, County of Los Angeles. The case is Aron v. U-Haul Company of California, et al., Case No. BC , assigned to The Honorable Elihu M. Berle, Central Civil West Department 323. The person who sued is called the Plaintiff and the companies he sued are called Defendants. 2. Who are the Defendant companies? The Defendant companies are U Haul Co. of California, a California corporation, and U Haul International, Inc., a Nevada corporation. Both companies are jointly referred to as U Haul. 3. What is this lawsuit about? The lawsuit alleges that U-Haul s commercial use of the truck s dashboard fuel gauge to measure fuel was illegal during the Class Period, from April 27, 2000 to December 31, 2007, because the gauge was Page 2 of 7

3 not a lawful measurement instrument under California law before January 1, The lawsuit seeks restitution of the amount of the fueling fees and fuel charges paid by the Underfill Group Class Members and also seeks restitution of the value of the excess fuel provided by the Overfill Group Class Members. 4. Has the Court made any rulings in the case? The Court has determined that during the Class Period, from April 27, 2000 to December 31, 2007, the commercial use of the truck s dashboard fuel gauge to measure fuel violated the California Unfair Competition Law, Business and Professions Code section et seq. The Court certified a class by an order entered on July 31, 2012, allowing the case to proceed as a class action. On February 21, 2013 the Court granted U-Haul's motion to dismiss the lawsuit on the ground that the case was not brought to trial within the 5-year period, with extensions, as required by California law. The Court has not yet entered a final, appealable order of dismissal. 5. Why is the lawsuit settling? U-Haul continues to deny that it did anything wrong. Class Counsel are prepared to appeal the dismissal if an appealable order is entered. Nonetheless, the named Plaintiff and the U-Haul defendants have now reached a settlement that reflects the procedural posture of the case, recognizing that this litigation could proceed for many more years into the future and the ultimate outcome is uncertain. The Court has preliminarily approved the terms of this settlement. 6. What is a class action? In a class action, one or more people, called class representatives, sue on behalf of people who have similar claims. Here, there is a single class representative, Leonard E. Aron. The class members are all the people on whose behalf the Class Representative has sued. MEMBERS OF THE CLASS 7. How do I know if I am a Member of the Class? What is a Qualifying Transaction? The Class consists of all U-Haul customers who rented a truck at either a U-Haul rental center or at a U-Haul dealer and during the period April 27, 2000 through December 31, 2007, returned the rented truck in California to either a U-Haul rental center or to a U-Haul dealer (i) with the truck s fuel gauge reading less fuel than at the start of the rental and paid a fueling fee and/or a per gallon charge for the number of gallons that U-Haul estimated had been used; or (ii) with the truck s fuel gauge reading more fuel than at the start of the rental and U-Haul did not reimburse the customer for the value of the excess fuel. If you fall within either (i) or (ii) above, then you have had a qualifying transaction for purposes of this settlement, as explained below. You are not a member of the Class if you requested exclusion on or before November 5, What types of vehicle rentals are included in this class action? This lawsuit covers U-Haul rental trucks and vans, including pickup trucks, cargo vans, or any size truck or moving van as long as the rental vehicle had a dashboard fuel gauge. Page 3 of 7

4 9. Do I need to have a copy of my U-Haul truck rental contract in order to Claim the Benefits of the Settlement? No. If you meet the class definition described in paragraph 7 above, you are a member of the Class and entitled to the benefits of the settlement even if you did not retain a copy of your U-Haul truck rental contract. 10. Do I need copies of my fuel receipts to Claim the Benefits of the Settlement? No. If you meet the class definition described in paragraph 7 above, you are a member of the Class and entitled to the benefits of the settlement whether or not you have receipts for fuel purchased for your U-Haul truck. 11. What are the Terms of the Settlement? The settlement provides that U-Haul will issue a $10 truck rental discount certificate -- one certificate for each qualifying transaction -- to every class member who requests one or more certificates. Only one such certificate may be used at a U-Haul rental center in California per new truck rental transaction. The new rental must start and the discount certificate presented within one year of issuance of the Discount certificates by U-Haul in response to a timely claim. Class members may transfer the discount certificate to an immediate family member. U-Haul has also agreed that if less than $3 million worth of discount certificates is used in new truck rental transactions, within the time allowed, U-Haul will contribute the difference between the total dollar face value of the certificates used in new transactions and $3 million in in-kind goods or services to various disaster relief programs or charities such as the Wounded Warrior Project or the American Red Cross. U-Haul has also agreed to fund up to $1.4 million in cash, to be used for providing notice and administering the settlement, and as allowed by the Court, for attorney s fees and reimbursement of expenses for Class Counsel (not to exceed $1.2 million of the $1.4 million), and for an incentive award of up to $5,000 for the named Plaintiff and Class Representative, Leonard E. Aron. To date Class Counsel have not received any compensation in this case. If less than the $1.4 million is used as described above, the difference will be added to the $3 million in in-kind goods or services to the charities. Important information about the case and about the settlement (including the complete Stipulation of Settlement) is on the website, Please check the website to be kept informed about any future developments. The Settlement also provides that all members of the Class shall be deemed to have released U-Haul from any and all claims that are related to (1) U-Haul s use of a fuel gauge to measure fuel to determine fuel charges, fueling or refueling fees, or any other charge or fee relating to the rental of a vehicle, and/or (2) U-Haul s policy of not reimbursing customers for excess fuel in the rental vehicle at the time of return of the vehicle. 12. What are my rights in the Lawsuit Now? Do Nothing: Do nothing and you will not receive any benefit from the settlement. However, you will be bound by the judgment if the Court finally approves the settlement. Complete a Claim Form to Receive the Benefit of the Settlement: Complete the Claim Form at the end of this Notice or as available by mail or on the website and return it by January 14, 2015 (or such later date as may be ordered by the Court; visit for updated information), to receive the benefits of the settlement. You will be bound by the judgment if the Court finally approves the settlement. Object to the Settlement and/or Appear at the Fairness Hearing: You may file a written objection to the settlement and appear at the Fairness Hearing, as described below by October 15, You Page 4 of 7

5 may consult your own attorney at your own expense about the rights, if any, you may have against UHaul concerning the issues in this case. To object to the settlement you must file a written objection that states your name and the reasons why you object to the settlement and you must file that written objection with the Court and serve it on Class Counsel and U-Haul's counsel. COURT Superior Court of California, County of Los Angeles Department S. Commonwealth Ave. Los Angeles, CA CLASS COUNSEL U-HAUL S COUNSEL Drew E. Pomerance, Esq. Roxborough, Pomerance, Nye & Adreani 5820 Canoga Ave., Ste. 250 Woodland Hills, CA Gary L. Birnbaum, Esq. (Pro Hac Vice) Dickinson Wright/Mariscal Weeks 2901 N. Central Avenue, Ste. 200 Phoenix, AZ Harold J. Tomin, Esq. Harold J. Tomin, A Law Corporation 146 S. Fuller Ave. Los Angeles, CA James R. Evans, Jr., Esq. Alston & Bird L.L.P. 333 S. Hope St., 16th Floor Los Angeles, CA Jerome S. Billet, Esq. Billet & Kaplan Eastborne Ave. Los Angeles, CA What If I Did Not Previously Opt Out? Persons who did not exclude themselves by November 5, 2012, continue to be part of the Class and will be bound by the Court s judgment if it finally approves the settlement. THE LAWYERS REPRESENTING YOU 14. Do I have a lawyer in this case? The Court has appointed the attorneys listed above under Class Counsel as your attorneys. 15. How will the lawyers be paid? You do not have to pay Class Counsel to represent you. Class Counsel will be paid only if they are successful in achieving a recovery and they will be paid attorneys fees and expenses only as may be approved by the Court. The Court will set the amount that Class Counsel will be paid as fees and for reimbursement of expenses and costs, if any at the Fairness Hearing described below. If you want to be represented by your own lawyer, and have that lawyer appear in court for you in this case, you must hire one at your own expense. Class Counsel will also request that an amount not exceeding $5,000 be awarded to the Class Representative who brought the suit and helped Class Counsel on behalf of the whole Class. Page 5 of 7

6 THE SETTLEMENT APPROVAL HEARING 16. When and Where will the Court Decide Whether to Approve the Settlement? Do I have to Come to the Fairness Hearing? May I Speak at the Fairness Hearing? The Court will hold a Fairness Hearing at 10:00 a.m. on November 15, 2013 at the Los Angeles County Superior Court, Dept. 323, 600 S. Commonwealth Ave., Los Angeles CA The hearing may be moved to a different day and/or time without any new notice, so it is a good idea to check At the hearing the Court will then consider whether the Settlement should be approved as fair, reasonable and adequate. The Court will also consider the fee and expense reimbursement applications of Class Counsel, not to exceed $1.2 million. The Court will also consider the application for an incentive award to Mr. Aron not exceeding $5,000. The Court will also consider any objections to the Settlement that have been timely and properly filed and served. The Court may or may not make its ruling at the hearing. You do not have to attend the hearing. Class Counsel will be present to respond to the Court. You are welcome, however, to come at your own expense. You may also pay your own lawyer to attend, but that is not necessary or required. If you want to object to the settlement, you must file yourself or through your own lawyer, a written Notice of Objection that must identify yourself, your attorney, if any, and explain the reasons for your objection. Any such objection must be filed with the Court and delivered by mail or personally to all of Class Counsel and to U-Haul s counsel (as identified above) no later than 21 days before the date set for the Fairness Hearing, as set out above. If you file and serve an objection, you do not have to come to the Fairness Hearing to talk about it. As long as you timely filed and served the objection, the Court will consider it. If you decide to be represented by your own lawyer at the Fairness Hearing, and that lawyer is not identified in any objection to the Settlement that you might make, your attorney must file with the Court and deliver personally or by mail to Class Counsel and to U-Haul's lawyers a Notice of Appearance, in accordance with California procedure and practice, at least 10 days before the Fairness Hearing. GETTING MORE INFORMATION 17. How do I get more information? This Notice summarizes the lawsuit, the settlement and the proceedings to finally approve the settlement. You can get more information about the lawsuit at or by writing to: U-Haul Fuel Gauge Settlement c/o The Notice Company Inc. PO Box 778 Hingham, MA The complete Court file in this case is available at the Clerk s Office, Los Angeles County Superior Court, 600 S. Commonwealth Ave., Los Angeles, CA PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS ABOUT THIS SETTLEMENT Page 6 of 7

7 CLAIM FORM Complete, detach and mail by no later than January 14, 2015* to: U-Haul Fuel Gauge Claims U-Haul International, Inc. Legal Department 2721 North Central Avenue, 5th Floor Phoenix, AZ The undersigned hereby certifies under penalty of perjury that I had qualifying class transactions, which were U-Haul truck rentals returned in California involving underfill or overfill costs associated with fuel gauge readings during the period April 27, 2000 through December 31, I request a Discount Certificate for each qualifying class transaction. I understand that the Discount Certificates will expire one year from issuance and that only one Discount Certificate may be used per new truck rental transaction from a U-Haul rental center in California. *Changes to the Claim Form deadline, if any, will be posted at Sign Name: Print Name: Print Mailing Address: Date: Check here if you prefer to receive your Discount Certificate by . Print Address: PHOENIX v1 Page 7 of 7