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Judge Stops Extra Space Storage Class Action Lawsuit
By Courtney Coren
A California federal judge decided Monday that a lawsuit filed against Extra Space Storage Inc. could not continue as a putative class action lawsuit because the proposed class — who had storage units that were foreclosed upon and all their belongings auctioned off – each had contracts and delinquency problems that were too unique to continue as a group.
The plaintiff in the class action lawsuit, Tiffany Curtis, accused Extra Space Storage of violating the California Self-Service Storage Facility Act, which is designed to protect renters from abusive or improper practices by rental property owners. Curtis alleged Extra Space Storage violated the SSFA in several ways, including by allegedly sending incorrect notices to renters of how much they owed or that their rent was overdue, and then improperly seizing their property and auctioning off the contents contained inside the units.
U.S. District Judge William Alsup said the renters’ action – or rather inaction – after receiving the allegedly improper lien notices made it difficult for him to assess their complaints as a whole.
“A tenant’s inaction in the face of multiple warnings and failure to stop the action with a simple declaration suggests abandonment,” Judge Alsup said. “This suggestion, however, is not conclusive, and thus the parties would have to explore the circumstances of each tenant to determine whether the tenant intended to abandon his or her property.”
Curtis argued that the similarities in which the renters received the foreclosure notices were what should bind them together as a class, but Judge Alsup said the distinctions in each case are more important than the similarities. The problem with certifying the class, he said, is that the “when, why and how” each storage unit renter abandoned their unit at Extra Space Storage was too different to be decided in a class action lawsuit. In addition, each renter claims a different value for their belongings, another factor that poses a problem for class certification.
“Plaintiff must still, however, offer a method that tethers their theory of liability to a methodology for determining the damages suffered by the class,” Alsup wrote. “Without such a theory, the proposed class cannot be certified as to damages, even if such as class could be appropriately certified as to liability alone.”
Although the class was not certified, Alsup said Curtis could continue her action against Extra Space based on her individual claims.
The Extra Space Storage Class Action Lawsuit is Tiffany Curtis v. Extra Space Storage Inc., et al., Case No. 3:12-cv-00319, in the U.S. District Court for the Northern District of California.
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9 thoughts onJudge Stops Extra Space Storage Class Action Lawsuit
All of my belongings were damaged by rat feces, I had $10,000 insurance showed proof of receipts and pictures EVERYTHING THEY ASKED FOR “required” and/or “requested”. Only to be paid out half of the insurance I paid EACH MONTH IN FULL for. Now I’m having the same problem with my other storage at the same site. Now this one has all my furniture and husband’s power tools etc…. In it that are COMPLETELY RUINED. they “claim” to be going through a different insurance carrier now, so we’ll see. This is in California, sounds like this whole company is CRAP NO MATTER WHAT STATE THEY OFFER SERVICES IN.
They do it in California to. Supposedly my ex husband took them to court in 2015. Here we are in 2022 and supposedly still going through proceedings against them. I have no idea for a fact if he has a case actually in court or not but extra space storage appears to be THE WORST facility to store anything. You can be caught up on your rent and if the manager wants something in there or just to make a few bucks, they’ll auction it off.
I a formal employee of extra space I caution everyone to never trust your belongings at any of this company’s locations. This company only cares about themself’s and protects certain evil to let them do whatever they want. If you dont have a in with the managers and be a ass kisser either customer or employee gets screwed by being lied to and taken advantage of. They are all about greed nothing else and they will do absolutely anything to get as much money as they can from anyone. If your considering them to keep your items safe THINK AGAIN. Or you will never see your items again, If life happens and hinders your ability to pay their outrages rates. Please this company sales you lies to fill there pockets and have gotten away with it time and time again. STAY FAR AWAY FROM EXTRA SPACE OR YOU WILL BE WISHING YOU DID. LIKE ALL THESE NICE PEOPLE.
It is 100% true. I wish I would read thiss earlier. They did stole all of my precious belongings. It is absolutely criminal scheme they r operating. At first they r increasing your monthly payment. I signed the contract with the price of$80 which gradually went to $160 within the year. On top of that late fee’s and liens. If you can’t pay with in 10 days they restricting your access to the unit and action ur possessions without any reminder of auction!!! Quietly. I can’t comprehend what are the arguments against class actions? Here is the scheme. People bringing their VALUABLES to store, something they do not want to loose… why? because of the changes in their life’s which almost always comes with financial challenges. Extra Space storage takes complete advantage of them…not only ripping them off allegedly lying advertising the way lower price for rent and then gradually increasing it till unaffordable levels then restricting the access to their stuff and quietly auctioning (?) your valuables. Basically stealing your possessions. The manager directly involved in every step of this scheme.
I also believe that these freaking managers steal our belongings and keep them or sell them. They are liars and fraudulent managers. I had two back to back. I know. I also need the help in suing these bastards. But I just want my stuff back. I cannot replace it. I couldn’t handle the raising of the rent for 5 years straight, auction fees, more than once, and the last figures necessary two months in a row. I am in Centereach, NY and Bonita Springs, Fl.
I want to get to the person who bought my belongings to get them back. I am very sick about this. So many items that I put in both units that I did not believe that they were taken out in the time allowed. I think that they hid it and did not tell me where they are.
I need help in finding out who received my things and compensation. I made it known to the company, Extra Space Storage, that I had not abandoned my things in storage, that so many things worked against me after a no cause eviction, and the expense of being homeless, disabled, and my son not being able to find work. I explained that my entire life and belongings were in that storage unit, and that my son and I were just getting up on our feet, but we would be able to pay everything in full within 30 days. The customer service service for the company expedited my e-mail to the manager of the Tigard, Oregon location. I received a call from the manager where my things were stored. She told me that there was nothing she could do, although the auction was still a couple days away. She also told me that my personal things, such as family Bible, diplomas, yearbooks, clothing, papers, etc. would be coming back to me, that she would call me after the auction, and could come get my things. It was all a lie! The entire unit was cleaned out completely. She didn’t bother to call me, so when I followed up with a call, she told me they took everything! No apologies, no nothing! When I contacted the corporate office again, I got another email back from customer service, telling me my concerns were sent to the manager of location my belongings were stored, and they thanked me for letting Extra Space Storage protect my valuables… when they actually stole all my valuables and my private things. What can I do to make these people realize how many lives they destroy by being so greedy? I would put my entire household and personal belongings in excess of $100,000.00, and for a few hundred dollars, and with a promise of full payment within 30 days, they sold my entire life for a few hundred dollars and sent the balance due to collections. I never received proper notification because my things were moved there by my son and ex-husband. They used my ex-husband’s address, and sent him ONE notification, which I received just prior to the auction date. I am a disabled senior, and my son and ex were just trying to help me out. But they chose the most greedy and disgusting place, with lack of customer service, and a company that supposedly claims to protect your valuables. It is all a lie, and the world should know, and this company should suffer some harsh consequences. I am sure that I am not the only one who has lost everything due to their dishonesty and greed. Can anyone help? There should be laws to protect people from these predators.
Yes Yes Yes. It just happened to me on July 3, 2018 in Bonita Springs and August 10th, 2018 in Centereach, NY. I know how you feel. I had the same thing happen, foreclosed my home 5 years ago. I did not know how distressed I was at the time to realize that after paying my monthly bills for 5 years I would also lose auctions one month after another. My ugly family set me up and did not help me pay the bill that kept growing even on the day of auction for both facilities. I want all of my belongings back. I also lost over 250,000. worth of belongings. It took a lifetime to build and to have some freak pay little to nothing for it makes me sick. My stuff is only valuable to me. I am also trying to find out who bought my units to tell them that what they paid for is not allowed by me and I want it all back. I never received a picture, document or piece of paper. I have so much personal items and clothing that means nothing to anyone but me. I have been searching for help in this matter. Can anyone please help me. I am on my own because of it.
I need assistance on filing a lawsuit against Extra Space Storage here in California. My belongings are being illegally stored at one of their facilities and they were contacted by a federal agent from the US Dept of Transportation- moving fraud task informing them of illegal business practices being conducted.
Any info would be appreciated.
i was apart of this class action suit and was wanting to know the section of the state laws or codes that govern self storages in the state of california. or what my rights or legal coverage would or should be under a rental or lease of a storage unit in this state.