Mission Bay Mobilehome Park Class Action Settlement

The City of San Diego has reached a settlement with residents and homeowners of the De Anza Cove/Mission Bay mobilehome park.

The plaintiffs in the class action lawsuit against the city alleged that “the City of San Diego (“City”) violated California’s Mobilehome Residency Law (“MRL”) and the Aglio class members’ legal rights, coerced Aglio Class members to sign release agreements and evicted others, and sought to close the mobilehome park and force Aglio members to vacate the Park without providing mandatory relocation benefits.”

The City of San Diego continues to deny the allegations and maintains that it acted lawfully at all times. The City says that the release agreements were signed voluntarily and are enforceable and if the court does not grant final approval, the city will not owe any further compensation.

In addition to the monetary settlement that the City of San Diego has agreed to provide, an additional benefit has been extended to current residents of the Park. For any households that are eligible as a Class Member in this lawsuit, the Park will remain open until at least July 1, 2016.

The City has also agreed not to enforce the terms of its release agreement to any members of the settlement class and “not to raise its statute of limitations and other defenses.”

If you would like to exclude yourself from the settlement or object to the settlement, you must do so by Mar. 1, 2016.

Who’s Eligible

The court has certified the settlement Class to include the following individuals:

“As of October 22, 2003, and thereafter, all homeowners and/or residents— and their heirs—of the approximately 509 homes within the mobilehome park now known as Mission Bay Park and formerly known as De Anza Harbor Resort (“Park”), located at 2727 De Anza Road, San Diego, California, who were not class members within the De Anza Cove class action (San Diego Superior Court, Case No. GIC 821191).”

There are also three subclasses in the case that reflect those who signed lease agreements, those who were evicted, or other residents.

Subclass A includes:

“All homeowners and/or residents within the Aglio Class who signed release agreements with the City of San Diego regarding the Park.”

Subclass B includes:

“All homeowners and/or residents within the Aglio Class who were evicted from the Park on or before September 4, 2007.”

Subclass C includes:

“All homeowners and/or residents within the Aglio Class who currently reside at the Park (at any time during the period from January 14, 2015 through July 1, 2016 or the revised Park Closure Date, whichever is later) and are not part of Subclass A or B.”

Potential Award

$65,000 per home (average)

The settlement provides relocation benefits (moving expenses) to eligible Class Members based on the size of their home. Individuals with smaller homes generally will receive less than the average, while larger homes will receive more.

Subclasses A & B will receive moving expenses of approximately $1,660 per household, plus “rent differential.” The total estimated average settlement amount for homeowners in these subclasses is about $65,000.

For renters in subclasses A and B, each household will receive moving expenses of about $1,660 plus double the “comparable rent” amount based on home size ($2,600- $7,190), bringing the total range per household for renters at approximately $4,260 – $8,850.

Individuals in subclass C will be subject to special circumstances and will likely receive different and significantly reduced benefits.

Proof of Purchase

N/A

Claim Form

Per the Class Notice:

“If you want to be part of this Settlement, you don’t need to do anything at this time. In the near future, Aglio Class members will submit Claim Forms to the Court-appointed Relocation Coordinator / Claims Administrator (Overland, Pacific & Cutler “OPC”). The deadline to submit a Claim Form shall be June 1, 2016. Claim Forms will be distributed to Aglio Class members and will also be available through the Relocation Coordinator / Claims Administrator, OPC.”

Claim Form Deadline

06/01/2016

Case Name

Aglio et al. v. City of San Diego, Case No. 37-2007-00081994-CU-EI-CTL, in the Superior Court of the State of California for the County of San Diego, Central Division

Final Hearing

03/18/2016

Settlement Website

www.AglioSettlement.com

Claims Administrator

Aglio Class Notice Administrator
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060

Class Counsel

Timothy J. Tatro, Esq.
Peter A, Zomoyski, Esq.
TATRO & ZAMOYSKI, LLP

Vincent J. Bartolotta, Jr., Esq.
Karen Fristrom, Esq.
THORNSES, BARTOLOTTA & MCGUIRE

Defense Counsel

William M. Rathboth, Esq.
Timothy K. Branson, Esq.
GORDON & REES LLP

John E. Riley, Esq., Deputy City Attorney
OFFICE OF THE CITY ATTORNEY
JAN GOLDSMITH, CITY ATTORNEY