THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO

Similar documents
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO. Plaintiff, j Judge: Hon. Joan M. Lewis ) ) )

NOTICE OF CLASS ACTION SETTLEMENT

A Federal Court authorized this notice. This is not a solicitation from a lawyer.

Submit a Claim Exclude Yourself Object Go to a Hearing Do Nothing

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No CU-BT-CTL

COURT OF APPEAL, FOURTH APPELLATE DISTRICT STATE OF CALIFORNIA

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT INCLUDE THE FOLLOWING:

NOTICE OF PROPOSED SETTLEMENT OF DERIVATIVE ACTION

IMPORTANT PLEASE READ THIS CAREFULLY!

WHAT THIS NOTICE CONTAINS. BASIC INFORMATION... Page 2. WHO IS IN THE CLASS SETTLEMENT... Page 2. THE SETTLEMENT BENEFITS WHAT YOU GET...

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION AND SETTLEMENT HEARING

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ) ) Plaintiffs, ) ) ) Defendants. )

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO

OFFICIAL COURT NOTICE OF PENDENCY OF CLASS ACTION

Cynthia Casey v. Orange County s Credit Union

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA NOTICE OF PENDENCY OF CLASS ACTION SETTLEMENT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ) ) ) ) ) ) ) ) ) CLASS ACTION NOTICE OF SETTLEMENT OF CLASS ACTION

Case 3:15-cv JD Document 67-1 Filed 12/20/17 Page 1 of 29

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, CLASS ACTION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ) ) ) ) ) ) ) ) No. 8:12-cv CJC(JPRx) CLASS ACTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES. Case No. BC Hon. Victoria Gerrard Chaney

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) CLASS ACTION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

UNITED STATED DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) NOTICE OF PENDENCY OF CLASS ACTION

NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT AND FINAL APPROVAL HEARING

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Case 4:13-md YGR Document 1292 Filed 05/26/16 Page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

United States District Court for the Central District of California

Case3:14-cv MMC Document53 Filed06/26/15 Page1 of 10

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

NOTICE OF PENDENCY OF CLASS ACTION AND PROPOSED SETTLEMENT

Superior Court of California

Notice of Pendency and Partial Settlement of Class Action to Investors of Thema International Fund plc

Josefina Hernandez v. Logix Federal Credit Union NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT

Notice of Pendency and Proposed Settlement of Class Action

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, Defendant.

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO

NOTICE OF CLASS ACTION SETTLEMENT

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO ) ) ) ) ) ) ) ) ) )

This Class Action Settlement May Affect Your Rights. A Court authorized this notice. This is not a solicitation from a lawyer.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION. No. 3:15-cv EMC

Joy L. Bowens v. Mazuma Credit Union

United States District Court for the Central District of California

Case 8:10-ml DOC-RNB Document 626 Filed 06/24/13 Page 1 of 13 Page ID #:29073

A California Superior Court authorized this Notice. This is not a solicitation from a lawyer.

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) ) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION

*«Barcode_print»* «SeqID»

NOTICE OF PENDING CLASS, COLLECTIVE AND REPRESENTATIVE ACTION SETTLEMENT

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION. Case No. 2:14-cv CBM-E

SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THE SETTLEMENT

PLEASE READ THIS NOTICE CAREFULLY. YOU MAY BE ENTITLED TO MONEY FROM A CLASS ACTION SETTLEMENT.

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO ) ) ) ) ) ) ) )

CLERK'S CERTIFICATE OF SERVICE BY MAIL (Minute Order)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) Assigned to Judge Dolly M. Gee

THESE RIGHTS AND OPTIONS AND THE DEADLINES TO EXERCISE THEM ARE EXPLAINED IN THIS NOTICE. WHAT THIS NOTICE CONTAINS

NOTICE OF CLASS ACTION SETTLEMENT

STIPULATION OF SETTLEMENT

Case 2:13-cv GHK-MRW Document Filed 02/08/16 Page 1 of 47 Page ID #:8311. Exhibit A. EXHIBIT A Page 46

Todd Wodja v. Washington State Employees Credit Union

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES

FLSA NOTICE OF PENDING COLLECTIVE ACTION SETTLEMENT

NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ) ) ) ) ) ) ) )

PLAINTIFF S EXHIBIT 1

Case: , 07/31/2018, ID: , DktEntry: 60-1, Page 1 of 5 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CIV CIV DS MISC ORDER GRANTING PRELIMINARY APPROVAL OF SETTLEMENT AND FINAL JUDGMENT filed

- 1 - Questions? Call:

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

Case5:10-cv JF Document72 Filed09/16/11 Page1 of 7

Nathan Sewell v. Wescom Credit Union NOTICE OF PENDING CLASS ACTION AND PROPOSED SETTLEMENT

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA. Lead Case No CV CLASS ACTION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER

Manier et al v. Medtech Products, Inc. et al Doc. 22

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

CHANGE OF ADDRESS FORM. Pursuant to Section IV of the Notice, I hereby wish to change the mailing address on record for the remainder of this matter.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS NOTICE OF PROPOSED SETTLEMENT IN CLASS ACTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

AUG I 0 NIB. By: G. mend=, Clerk I 2 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


Couser v. DISH One Satellite, LLC United States District Court for the Central District of California Case No. 5:15-cv-2218-CBM-DTB

SPECIAL BOARD OF DIRECTORS MEETING. National University 9388 Lightwave Avenue, Rooms 116 & 118 San Diego, CA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) CLASS ACTION

Djoric v. Justin Brands, Inc., Los Angeles Superior Court Case No. BC Notice of Proposed Class Action Settlement

NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION AND SETTLEMENT HEARING. Your legal rights are affected whether you act or don t act.

STIPULATED PROCEDURE REGARDING CLASS NOTICE; Case No. C

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION CLASS ACTION NOTICE OF PENDENCY OF CLASS ACTION

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS ) ) ) ) ) ) ) ) ) ) ) ) NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION EXHIBIT A-1

Transcription:

1 2 3 4 5 6 7 Coordination Proceeding: THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO FIDELITY NATIONAL HOME WARRANTY CASES JUDICIAL COUNCIL COORDINATION PROCEEDING NO. 4806 NOTICE OF DISMISSAL OF KAPLAN CLASS ACTION Judge: Hon. Judge Eddie C. Sturgeon Dept.: C-67 8 9 10 11 12 13 14 15 Included Actions: Fistolera v. Fidelity National Home Warranty Company Kaplan v. Fidelity National Home Warranty Company Superior Court of California, County of San Diego, Case No. 37-2008-00087962-CU-BT- CTL (Consolidated with Case No. 37-2008- 00088433-CU-BT-CTL) Action Filed: July 18, 2008 Superior Court of California, County of San Joaquin, Case No. 39-2012-00286479-CU-BT- STK) Action Filed: August 30, 2012 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE This notice is being provided to all persons and entities residing in the United States who made a warranty claim under a home-warranty contract issued by Fidelity National Home Warranty Company ( Fidelity ) between July 18, 2002 and the present and who did not validly opt-out. 1 THIS NOTICE MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. SUMMARY OF THE CASE Plaintiffs Dan Kaplan and James Baker ( Plaintiffs ) filed this lawsuit against Fidelity, challenging its business practices with its third-party contractors. Plaintiffs Sixth Amended Complaint alleged that Fidelity (1) caused denials of legitimate warranty claims; (2) performed 1 Persons and entities who opted out of this class action are listed in Exhibit 1. 1 of 4 NOTICE OF DISMISSAL OF KAPLAN CLASS ACTION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 temporary fixes rather than proper replacements of covered systems; (3) overcharged customers for allegedly non-covered charges; (4) refused to work on expensive claims; and (5) engaged in false advertising and made promises regarding its home-warranty contracts that it did not intend to keep, among other allegations. Fidelity denied Plaintiffs allegations and/or that they committed any violations of law or engaged in wrongful acts or business practices. CLASS ACTION RULING On November 1, 2010, the Court ordered that this lawsuit may be maintained as a class action. The Court also appointed class counsel. Following the order granting class certification, notice of class certification and the pendency of this lawsuit was provided to class members as follows: All person and entities residing in the United States who, during the period from approximately July 18, 2002 through the present (the Class Period ), made a claim under a home-warranty plan obtained from Defendant Fidelity National Home Warranty Company. Excluded from the class is the defendant and its parents, subsidiaries, affiliates; all governmental entities, and any co-conspirators. DISMISSAL OF THE CLASS ACTION IN 2012 On November 1, 2011, the Court granted Fidelity s motion for judgment on the pleadings with respect to Plaintiffs Second Amended Complaint, dismissing Plaintiffs claim under the Consumer Legal Remedies Act ( CLRA ) with prejudice and dismissing Plaintiffs claim under California s Unfair Competition Law ( UCL ) without prejudice. Plaintiffs attempted to amend their complaint on November 23, 2011 and December 7, 2011. Defendant Fidelity filed a motion to dismiss or strike the Fourth Amended Complaint. On February 7, 2012, the Court granted Fidelity s motion on the ground that Plaintiffs exceeded the scope of the leave to amend. The Court entered its final judgment on July 26, 2012. Notice of the judgment and dismissal was provided to class members. REVERSAL OF THE DISMISSAL OF CLASS ACTION IN 2012 Plaintiffs appealed the Judgment on August 9, 2012. 2 of 4 NOTICE OF DISMISSAL OF KAPLAN CLASS ACTION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 17, 2013, the Court of Appeal affirmed the dismissal of the CLRA claim with prejudice and reversed the remainder of the decision with instructions to the lower court to permit Plaintiffs an opportunity to replead the UCL claim. Remittitur was issued on April 15, 2014. DISMISSAL OF THE CLASS ACTION IN 2018 Following remittitur, Plaintiffs filed multiple complaints and Defendant Fidelity filed a demurrer to each complaint. Ultimately, the Court upheld Plaintiffs complaint against Fidelity s demurrer. The operative complaint was the Sixth Amended Complaint, which was filed on November 13, 2015. The Sixth Amended Complaint will be posted on the notice website. On August 11, 2017, Defendant Fidelity filed a motion to dismiss this lawsuit for alleged failure to bring to trial within the required amount of time. Plaintiffs opposed the motion. The Court held a hearing on the motion on December 8, 2017 and, on December 15, 2017, the Court entered an order ruling that the Kaplan case was to be dismissed. The Court s December 15, 2017 Order will be posted on the notice website and the class is directed to that document for specific information related to the Court s ruling. Other documents may be obtained from the clerk of court for the Superior Court of the State of California for the County of San Diego. Final judgment dismissing the action is expected to be entered by the Court in February 2018. Plaintiffs may appeal the Judgment once it is entered, and may file another lawsuit against Defendant Fidelity to assert one or more claims other than the CLRA claim, which the Court previously dismissed with prejudice. However, as of the date the Judgment is entered by the Court, class members rights will no longer be protected by this class action and any applicable statute of limitations may begin to run. A statute of limitations is the time within which you must file a claim in court against Defendant Fidelity in order to be able to bring the claim. If you do not timely file any claim you have or may have against Fidelity, then your claim may be dismissed by the court, regardless of the merits of your claim. Therefore, if any class member believes that he or she has claims against Fidelity, he or she should consult an 3 of 4 NOTICE OF DISMISSAL OF KAPLAN CLASS ACTION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 attorney about the claim and the applicable statute of limitations in order to ensure that he or she does not miss any deadline for bringing any actual or potential claim. Statutes of limitations vary by state, so class members should consult an attorney in the state where he or she resides. Affected class members have the option of pursuing their individual claims against Defendant Fidelity in small claims courts. Information regarding filing an action in a small claims court can be found on the following websites: - Contra Costa Small Claims Court http://www.cc-courts.org/small-claims/small-claims.aspx - Los Angeles Small Claims Court http://www.lacourt.org/division/smallclaims/smallclaims.aspx - San Diego Small Claims Court http://www.sdcourt.ca.gov/portal/page?_pageid=55,1424399&_dad=portal&_schema=portal - San Francisco Small Claims Court http://www.sfsuperiorcourt.org/divisions/small-claims ADDITIONAL INFORMATION If you have any questions concerning the matters in this notice, please contact Plaintiffs counsel at fbottini@bottinilaw.com, or the following address: Bottini & Bottini, Inc., 7817 Ivanhoe Avenue, Suite 102, La Jolla, CA 92037, telephone: (858) 914-2001. DO NOT CALL OR WRITE TO THE COURT. The pleadings and all other records in this litigation may be examined and copied any time during the regular office hours in the office of the clerk of the court indicated above. 22 23 24 25 26 27 28 4 of 4 NOTICE OF DISMISSAL OF KAPLAN CLASS ACTION