Case Summary

 

 

The Lawsuit, Howard Jarvis Taxpayers Association et al. v. City of Pasadena (Los Angeles Superior Court Case No. BC 550394) was filed by Howard Jarvis Taxpayers Association, Linnea Warren, Thomas Wolfe and Edward Henry ("Plaintiffs") to challenge a twenty-five percent (25%) surcharge imposed on the Commodity and D&C rates charged by the City of Pasadena for water service to customers who are not residents of the city.  Plaintiffs alleged that the 25% surcharge was excessive under Article XIII D of the California Constitution (Proposition 218).  Plaintiffs filed the lawsuit on behalf of themselves and all other similarly situated taxpayers.  Plaintiffs also seek a refund of the alleged overcharges from March 24, 2013 to the date refunds are paid.  Plaintiffs did not originally challenge the thirty-five percent  (35%) surcharge to customers who are not residents of the City, but after the lawsuit was filed, Plaintiffs alleged thirty-five percent (35%) CIC surcharge was excessive under Proposition 218. 

The City of Pasadena disagrees with the Plaintiffs and asserts that its rates comply with Proposition 218.  The court has not decided who is right.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING

Participate in the Settlement and be bound by the terms of the settlement.

EXCLUDE YOURSELF

If you wish to participate in any other lawsuit against City of Pasadena about the Released Claims, you must postmark your letter requesting exclusion from the Class no later than September 11, 2018.

OBJECT TO THE SETTLEMENT

You can write to the Settlement Administrator by September 11, 2018 to explain why you do not agree with any or all aspects of the Settlement.  If you object, you will still be considered part of the Class.

GO TO A HEARING

You can attend and/or request to speak at the Fairness Hearing on October 11, 2018 @11:00 a.m.