You may have been a District customer during the class period, between March 6, 2019, and May 18, 2022. The Court determined that you have a right to know about a proposed Settlement of a class action lawsuit, and about your option, before the Court decides whether to grant final approval to the Settlement. If the Court approves it, and after any objections and appeals are resolved, the benefits will be distributed to class members in the manner described below.
This website explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
The Court in charge of this case is the California Superior Court for Riverside County, and the case is known as Padilla v. Mission Springs Water District, Case Number RIC2003782 (“Lawsuit”). The people who sued the District are called Plaintiffs. The District is called the Defendant.
Plaintiffs claimed that Defendant unlawfully billed for water services based on estimates of use rather than operational metered use. Defendant denies that it did anything wrong.
In a class action, one or more people, called Class Representatives (in this case, District customers George Padilla and Sharon Moreno), sue on behalf of people who have similar claims. All these people are a Class or Class Members. One court resolves the issues for all Class Members, except for those who exclude themselves from the Class. The Riverside County Superior Court oversees this class action.
The Court did not decide in favor of either Plaintiffs or Defendant. Instead, after numerous documents were exchanged and the Court made rulings on various issues, both sides agreed to a Settlement. By so settling, they avoid the cost and uncertainty of a trial, and Class Members may be able to receive compensation. The Class Representatives and the attorneys think the Settlement is best for everyone.
The Court decided that everyone who fits this description is a Class Member:
All persons and entities who, during the Class Period, were billed and/or paid any amount to the District for water service that was billed using estimates rather than operational metered use.
Class Members include both current and former District customers.
Defendant has agreed to create a $225,000 settlement fund. Administrative expenses and service awards of $2,500 to the Class Representatives will be paid from this fund, and the balance will be distributed to Class Members based on their past payments to Defendant.
For current District customers, the Settlement money will be distributed in the form of a credit on future water bills. For former District customers, the Settlement money will be distributed by check.
Attorneys’ fees and costs of litigation up to $100,000 will be paid separately by Defendant.
After administrative expenses and service awards are paid from the settlement fund, the balance will be distributed to those Class Members who paid “Tier 2” rates for water service that was billed using estimates rather than operational metered use . At this stage—before the Court has granted final approval and before Class Members have had an opportunity to object or opt out of the Settlement—it is impossible to determine how much each individual Class Member may receive.
However, the following examples, used for illustrative purposes only, may give Class Members an idea of what their refund might be:
If a Class Member paid a Tier 2 rate of $3.00 for 10 hcf units of water during the Class Period (for a total of $30.00), and the Tier 1 water rate during the Class Period was $2.00 per hcf unit (for a total of $20.00 for 10 hcf units), the Class member would receive a credit (or mailed payment) of $10.00 ($30.00 - $20.00 = $10.00).
Class Members entitled to a refund, whether current or former District customers, do not need to do anything to receive a refund. When this Settlement receives final approval by the Court, current District customers will receive their refunds in the form of a credit on future water bills, and former District customers will receive their refunds by check.
The Court will hold a hearing on March 15, 2023 to decide whether to approve the Settlement. If the Court approves the Settlement, there could be appeals afterward, which will take time to resolve. Please be patient.
Unless you exclude yourself, you will be included in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against Defendant about the legal issues in this case. It also means that all of the Court’s orders in this case will apply to you and legally bind you.
To exclude yourself from the Settlement, you must either fill out the Opt-out Form available on this website, or send a letter by mail stating that you want to be excluded from the Padilla v. Mission Springs Water District Settlement. Be sure to include your name, address, telephone number, the Lawsuit name and number (Padilla v. Mission Springs Water District, Case # RIC2003782) and your signature. You must mail, email, or fax your exclusion request postmarked no later than January 30, 2023 to:
Padilla et al v. Mission Springs Water District
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
info@MSWDClassActionSettlement.com
Fax: 714-917-7455
You can’t exclude yourself on the phone. If you ask to be excluded, you will not get any Settlement payment, and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit. You may be able to sue (or continue to sue) Defendant in the future.
No. Unless you exclude yourself, you give up the right to sue Defendant for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue your own lawsuit. Remember, the exclusion deadline is January 30, 2023.
No. If you exclude yourself, you will not receive a refund from this Settlement. However, you may sue, continue to sue, or be part of a different lawsuit against Defendant.
The Court has appointed Jeffery Lee Castell and Joshua S. Stambaugh, of Costell & Adelson Law Corporation, counsel of record for the Plaintiffs, as “Class Counsel” to represent you and other Class Members. You will not be charged for representation by these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
Class Counsel will ask the Court for attorneys’ fees and expenses of up to $100,000. This amount will be paid separately—not from the settlement fund—and will not affect any refunds from the Settlement. Until now, Class Counsel have not been compensated for their time, or reimbursed for their expense, of litigating this lawsuit.
Additionally, Class Counsel will ask for a service award of $2,500 each for Class Representatives, George Padilla and Sharon Moreno, who brought this lawsuit on behalf of all Class Members. Although the Court may award less than these amounts, service awards are commonly granted to recognize the efforts of Class Representatives in bringing and prosecuting lawsuits on behalf of others.
Finally, the costs to administer the Settlement will be deducted from the settlement fund.
You can tell the Court that you don’t agree with the Settlement, or some part of it. This is called an “objection.” You can give the reasons why you think the Court should not approve the Settlement. The Court will consider your views.
To object to the Settlement, you must either fill out the Objection Form available on this Settlement website, or send a letter by mail stating you object to the Padilla v. Mission Springs Water District, settlement. Be sure to include your name, address, telephone number, the Lawsuit name and number (Padilla v. Mission Springs Water District, Case # RIC2003782), your signature, and the reasons you object to the Settlement. You must mail your objection postmarked no later than February 23, 2023 to:
Padilla et al v. Mission Springs Water District
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object in the case because the case no longer affects you.
The Court will hold a Fairness Hearing on March 15, 2023 at 8:30 a.m., at the Riverside County Superior Court of California located at 4050 Main Street, Riverside, CA 92501. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel, and whether to grant the Class Representative requests for service awards. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense if you choose. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.
You may ask the Court for permission to speak at the Fairness Hearing.
All Class Members, whether current or former District customers, who are entitled to a refund and do not exclude themselves will receive a refund when the Court approves the Settlement. When this Settlement receives final approval by the Court, current District customers will receive their refunds in the form of a credit on future water bills, and former District customers will receive their refunds by check.
The Settlement Agreement was filed on September 28, 2022 as an exhibit of Class Plaintiffs’ Revised Notice of Motion and Unopposed Motion for Preliminary Approval of Class Settlement and Provisional Certification of Settlement Class; Memorandum of Points and Authorities and Declarations of Joshua A. Stambaugh and Jacob Kamenir in Support Thereof; [Proposed] Order. This notice summarizes the proposed Settlement. More details are in a Settlement Agreement and other documents posted on this settlement website or on the court website, Riverside.courts.ca.gov. You may also contact the Settlement Administrator at (866) 603-4665.
PLEASE DO NOT CONTACT THE DISTRICT OR THE COURT WITH QUESTIONS ABOUT THIS SETTLEMENT.