Superior Court of California, County of Alameda

Transcription

1 Superior Court of California, County of Alameda If You Lived in an Apartment or Townhome at the 1440 Mowry Avenue Apartment Complex Known as the Royal Pines Apartments and Townhomes in Fremont, California ( Subject Premises ) You May be a Member of a Certified Class and You Could Get a Payment from a Class Action Settlement. This notice is being provided by an Order of the Superior Court of California. This notice is not a solicitation from a lawyer. You are not being sued. A lawsuit is pending in the Superior Court of California, County of Alameda ( the Court ) against the landlords at the apartment complex known as the Royal Pines Apartments and Townshomes. The Defendants in this case are Judith Guilliat, Gary Guilliat, Katheryn Guilliat, Patti Crisafi, Richard Parasol, Gun Parasol and the Royal Pines Apartments and Townhomes ( Defendants ). The Court has approved the lawsuit as a class action. The Defendants have agreed to pay $500, to resolve the case (the Settlement ). Only tenants who paid unlawfully increased rents after January 9, 2010 will receive a settlement benefit. You may be included in this class action lawsuit about the payment of unlawfully increased rents. The Court has not decided whether any law has been broken. However, your rights are affected and you have a choice to make now. YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT: DO NOTHING Stay in the lawsuit. If the Settlement is approved you may get a payment. But you give up any right to sue on your own about the same legal claims in this lawsuit. ASK TO BE EXCLUDED To get out of this lawsuit you can opt out. If you opt out you get no benefits from the lawsuit. But you keep any rights to sue on your own about the same legal claims in this lawsuit. OBJECT Write the Court about why you don t like the Settlement. GO TO A HEARING Ask to speak in Court about the fairness of the Settlement. Your options are explained in this notice. To ask to be excluded, you must act by June 4, The Court still has to decide whether to approve the Settlement. Payments will be made if the Court approves the Settlement. Please be patient. JGRNOT2

2 WHAT THIS NOTICE CONTAINS BASIC INFORMATION... PAGE 3 1. Why did I get this notice? 2. What is a class action? 3. Why is this lawsuit a class action? 4. Why is there a Settlement? THE CLAIMS IN THE LAWSUIT... PAGE 3 5. What is this lawsuit about? 6. How do Defendants answer? 7. Has the Court decided who is right? WHO IS PART OF THE PROPOSED SETTLEMENT... PAGE 4 8. How do I know if I am part of the Settlement? 9. Help me understand whether I am included. WHAT DO YOU GET... PAGE 4/5/6 10. What is the Settlement amount? 11. Will I receive a Settlement Benefit? 12. When will I get my payment? 13. What am I giving up to get a payment? 14. Will the Class Representatives receive a benefit for their role in the case? 15. How are the costs of the proposed Settlement paid? YOURS RIGHTS AND OPTIONS... PAGE 6/7 16. What happens if I do nothing at all? 17. Can I exclude myself? 18. How do I ask to be excluded? 19. How do I object to the Settlement? 20. What will happen at the Court Approval Hearing? 21. How do I appear at the Court Approval Hearing? THE LAWYERS REPRESENTING YOU... PAGE 7/8 22. Do I have a lawyer in this case? 23. Should I get my own lawyer? 24. How will the lawyers be paid? GETTING MORE INFORMATION... PAGE Are more details available? 26. How can I contact Class Counsel and the Settlement Administrator? 27. What important deadlines should I know about? - 2 -

3 BASIC INFORMATION 1. Why did I get this notice? You or someone in your family may have lived in a rental apartment that was unlawfully charged increased rental rates. The Court sent you this notice because you have a right to know about a proposed Settlement of a class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections and appeals are resolved, an administrator appointed by the Court will make the payments that the Settlement allows. Judge Winifred Smith of the Superior Court of California for the County of Alameda, is currently overseeing this case (the Court ). The case name is Ruiz, et al. v. Guilliat, et al., Case No. RG This notice is being sent: (1) to advise you of the proposed Settlement of this lawsuit; (2) to summarize your rights under the Settlement; and (3) to inform you of a court hearing to consider whether to finally approve the Settlement. The hearing will occur on August 5, 2016, at 10:00 a.m. in the Alameda Superior Court, Department 21, 1221 Oak Street, 3 rd Floor, Oakland, CA (the Court Approval Hearing ). 2. What is a class action? In a class action, one or more people called Class Representatives (in this case, Plaintiffs Victor Ruiz, Carmen Ruiz, Miriam Perez, Maria Berta Reyes-Garcia, Francisco Garcia, Felipe Andrade and Saul Ortega) sue on behalf of people who have similar claims. Together, these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. 3. Why is this lawsuit a class action? On July 31, 2015, the Court approved the lawsuit as a class action. Also, the Court has preliminarily approved the Settlement as fair, reasonable, and adequate. The Court will hold the Court Approval Hearing, to consider whether to make the Settlement final. 4. Why is there a Settlement? The Court did not decide in favor of the Plaintiffs or Defendants. Instead, both sides agreed to the Settlement in a written Settlement Agreement. That way, they avoid the cost of a trial, and the Class will get compensation. The Class Representatives and the attorneys think the Settlement is the fastest and best way for Class Members to receive money. 5. What is the lawsuit about? THE CLAIMS IN THE LAWSUIT In their lawsuit, Plaintiffs alleged that Defendants wrongfully increased their rents at properties owned or formerly owned by Defendants in violation of Cal. Civ. Code 827 and Fremont s Residential Rent Increase Dispute Resolution Ordinance, Chapter 9.60 of the Fremont Municipal Code ( RRIDRO ) from January 9, 2010 through April 4,

4 6. How do Defendants answer? Defendants deny that they did anything wrong, deny that they violated any law or legal requirement, and assert numerous defenses against Plaintiffs claims. 7. Has the Court decided who is right? No. The Court has not decided whether the Plaintiffs or the Defendants are right. By preliminarily approving the Class and ordering that this notice be sent to you, the Court is not suggesting Plaintiffs will win or lose this case. The trial date is not set yet. WHO IS PART OF THE PROPOSED SETTLEMENT 8. How do I know if I am part of the Settlement? The Court has certified a class, consisting of persons who will be the final settlement class (the Class ). If the Settlement is approved, it will consists of all persons or tenants who, at any time during the period beginning on January 9, 2010 and ending on April 4, 2016, lived at the Subject Premises (as defined in the operative Complaint) and received at least one notice of change of terms of tenancy that did not include the following language: Notice: You are encouraged to contact the Property Manager, (510) to discuss this rent increase for your rent unit. However Chapter 19 of Title II of the Fremont Municipal Code provides a procedure for conciliation, mediation, and fact finding for disputes over rent increases. To use the procedure and secure additional information about the city ordinance, you must contact Mediation Services at (510) within fifteen days following receipt of this notice. According to Defendants records, you meet these criteria and are a member of the Class ( Class Member ). Each Class Member, except those who opt out will receive a settlement Benefit Check, as described below. As a Class Member, you may accept the benefits of the Settlement, opt out of or take other actions with respect to the Settlement. 9. Help me understand whether I am included. If you received a copy of this notice via US Mail, Defendant s records indicate that you are a member of the class. If you are still not sure whether you are included, or believe that you should have received a copy of this notice (but did not) visit or you can call the Law Office of Andrew Wolff, P.C. at (510) or send an Information Request to info@awolfflaw.com. 10. What is the Settlement Amount? WHAT DO YOU GET The maximum amount Defendants have agreed to pay the Class, if the Settlement is approved by the Court, is $500, ( Settlement Amount ). This Settlement Amount includes all amounts that Defendants have agreed to pay: - 4 -

5 1. to Class Members in exchange for not suing about collecting unlawfully increased rents; 2. to Plaintiffs Victor Ruiz, Carmen Ruiz, Miriam Perez, Maria Berta Reyes-Garcia, Francisco Garcia, Felipe Andrade and Saul Ortega for class representative awards; 3. to Plaintiffs Counsel for attorney fees and litigation costs actually incurred in the Action; and 4. to the Settlement Administrator for settlement administration costs. 11. Will I receive a Settlement Benefit? Each Class Member that paid increased rent after receiving a rent increase notice from the Defendants, except those who opt out from the Class, will be mailed a check ( Benefit Check ). The Settlement Administrator will calculate the Benefit Check by first subtracting the Administration Costs, Representative Plaintiff Awards, and Attorneys Fee/Litigation Cost Award from the full Settlement Amount, leaving a Settlement Remainder. The Administrator will then calculate a Settlement Share payable to each Class Members from the Settlement Remainder by dividing the amount of increased rent paid by that Class Member since January 9, 2010, against the total rent increase paid by all Class Members since January 9, Each Class Member will be paid their Settlement Share once the Settlement is approved. These calculations are based on the Defendants records. If you shared a unit in a single tenancy, the Benefit Check will be divided equally among your co-tenants. The amount a Class Member receives will depend upon the length of time they paid increased rent since January 9, 2010, the amount of monthly increased rent paid, whether a co-tenant also paid increased rent, and the amounts awarded, if any, to Plaintiffs, to Plaintiffs counsel for the costs of administering the settlement, and the number of Class Members. If all Class Members participate in the Settlement, the average Benefit Payment will be $1, Your actual payment may be substantially more or less depending upon the factors identified above. 12. When will I get my payment? The Court will hold a hearing on August 5, 2016 at 10:00 a.m., to decide whether to approve the Settlement. If Judge Smith approves the Settlement, there may be appeals. It s always uncertain if these appeals will be resolved, and resolving them takes time, perhaps more than a year. Please be patient. 13. What am I giving up to get a payment? If you stay the Class, you will be legally bound by the Settlement. You will not be able to sue, or continue to sue, the Defendants about the legal claims in this case, ever again. You will also be legally bound by all of the Court s orders in this case

6 14. Will the Class Representatives receive a benefit for their role in the case? Yes. The Plaintiffs Counsel will ask the Court to award the Class Representatives collectively $35, from the Settlement Amount for their service in the case, including communicating with Class Counsel and providing documents and assisting with the Settlement. If the Court grants these requests, the Plaintiffs awards would be deducted from the Settlement. These requests will be filed with the Court on or before June 14, How are the costs of the proposed Settlement paid? The costs of administration of the proposed Settlement are capped at $15, and will be paid by Defendants exclusively from the Settlement Amount. 16. What happens if I do nothing at all? YOUR RIGHTS AND OPTIONS If the Settlement is approved, all eligible Class Members will automatically be mailed the Benefit Check described in this notice. If that is what you want, you don t need to take any action. However, if you stay in, you will be legally bound by the Settlement. You will not be able to sue, or continue to sue, the Defendants about collecting unlawfully increased rents, ever again. You have to decide whether to stay in the Class or whether to exclude yourself from the Settlement, and you have to decide this by June 4, Can I exclude myself? If you exclude yourself from the Class, you will not get any money from the Settlement. However, if you exclude yourself, you will not be legally bound by the Settlement or the Court s judgments in this case. You will be able to sue, or continue to sue the Defendants on your own about the same legal claims that are involved in this case, now or in the future. If you do pursue your own lawsuit after you exclude yourself, you will have to hire and pay for your own lawyer, and you will have to prove your claims, without the benefit of the work performed by the lawyers in this class action. 18. How do I ask to be excluded? If you do not wish to be a Class Member, and do not want to participate in the Settlement, you may exclude yourself from the Class by completing and mailing the accompanying notice of intention to opt-out (referred to as an Opt-Out ) to the following address, postmarked no later than June 4, 2016: Ruiz v. Guilliat Settlement Administrator, P.O. Box 40007, College Station, TX Any Opt-Out should (a) state your full name, address, address and telephone number; (b) contain the address you lived in at the Subject Property, and the estimated length of time you paid rent for that unit; (c) contain your original signature or the original signature of a person authorized by law; and (d) state your intent to be excluded from the Class, to be excluded from the Settlement, and to waive all right to a Benefit Check

7 Also, if you are a Class Member as to more than one apartment unit, then your Opt-Out may specify that you are opting out as to all apartment units or fewer by stating so which you are opting out. Class Members who do not mail in a timely and valid Opt-Out will remain Class Members and will be bound by the Settlement. 19. How do I object to the Settlement? Any Class Member may object to the approval of the Settlement, to any aspect of the Settlement or the Settlement Agreement, to the application for attorneys fees and costs, and/or to the application for a class representative award to Plaintiffs. To object, you must mail or hand-deliver any objection to the Settlement Administrator, or upon Class Counsel or Counsel for the Defendants, on or before July 12, 2016 to Ruiz v. Guilliat Settlement Administrator, P.O. Box 40007, College Station, TX Any objection should (a) include your full name, current address, address, and telephone number; (b) contain the address you lived in at the Subject Property, and the estimated length of time you paid rent for that unit; (c) state that you object to the Settlement, in whole or in part; (d) include the reason(s) for your objection; and (e) provide copies of any documents that you wish to submit in support of your position. 20. What will happen at the Court Approval Hearing? The Court Approval Hearing will occur on August 5, 2016 at 10:00 a.m. in Department 21 of the Alameda Superior Court located at 1221 Oak Street, 3rd Floor, Oakland, CA. At the hearing the Court will determine (a) whether the Settlement should be finally approved as fair, reasonable and adequate, (b) whether Class Members should be bound by the Release set forth in the Agreement, (c) the amount of attorney fees and costs to be awarded to Plaintiffs Counsel, if any, and (d) the amount of the award to be made to Plaintiffs, if any. If there are objections, Judge Smith will consider them. Judge Smith will also listen to people who have asked to speak at the hearing. We don t know how long these decisions will take. 21. How do I appear at the Court Approval Hearing? If you want to appear and/or speak at the Court Approval Hearing, whether personally or through a lawyer, please mail or hand-deliver an objection, as detailed above, or a Notice of Appearance to the Settlement Administrator by July 12, You are not required to appear at the Approval Hearing. 22. Do I have a lawyer in this case? THE LAWYERS REPRESENTING YOU Yes. The court appointed the The Law Offices of Andrew Wolff, P.C., to represent the Class as Class Counsel. This law firm is experienced in handling similar cases. Class counsel can be reached at (510) Hablamos español. Complete contact information for this law firm can found at

8 23. Should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. You can ask your own lawyer to appear in Court for you if you want someone other than Class Counsel to speak for you. 24. How will the lawyers be paid? You don t have to pay any of the fees and expenses for the Plaintiffs attorneys. Plaintiffs Counsel will ask the Court to award them attorney fees and litigation costs from the Settlement Amount in the amount of $165, (which is 33% of the Settlement Amount). If the Court grants their request, the fees and expenses would be deducted from the Settlement. Plaintiffs Counsel will make that request in a motion to be filed with the Court on or before June 14, Copies of that motion will be available at Are more details available? GETTING MORE INFORMATION The full Settlement Agreement and other documents are available for you to inspect and copy at or from Class Counsel for free. The pleadings and other records in this litigation, including the Settlement Agreement, may be examined online on the Alameda County Superior Court s website, found at where for a small fee you can view the documents filed in this case, Click Case Number Search and then enter: RG You may also view these documents free of charge by using one of the computer terminal kiosks available at each court location that has a facility for civil filing. 26. How can I contact Class Counsel and the Settlement Administrator? You may contact Class Counsel at: Chris Beatty, Esq., The Law Office of Andrew Wolff, P.C., 1956 Webster St. Ste. 275, Oakland, CA 94612, (510) , info@awolfflaw.com. Or you may contact the Settlement Administrator at: Ruiz v. Guilliat Settlement Administrator, P.O. Box 40007, College Station, TX , What important deadlines should I know about? June 4, 2016: All OPT-OUTS must be postmarked and mailed or hand-delivered to the Settlement Administrator. July 12, 2016: All OBJECTIONS must be postmarked and mailed or hand-delivered to the Settlement Administrator. If not postmarked by this date the court may decline to consider the objection. August 5, 2016: COURT APPROVAL HEARING at 10:00 a.m. in Department 21 of the Alameda Superior Court, located at 1221 Oak Street, 3rd Floor, Oakland, CA