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This settlement is closed!
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A settlement has been reached in a class action lawsuit alleging the Montecito Water District’s water rates prior to Sept. 1, 2013 violated the California Constitution.
If you were a non-agricultural water customer of Montecito Water District between Oct. 1, 2008 and Aug. 13, 2013, you may be entitled to claim a refund for some of the fees you paid.
The Montecito Water District has reportedly agreed to pay up to $1.9 million to refund water user fees that were paid between Nov. 4, 2011 and Aug. 31, 2013.
The Montecito Water District class action lawsuit was initially filed in February 2013 by plaintiffs who challenged the water rate structure set forth in Ordinance 90, claiming it violated Proposition 218 of the California Constitution.
According to the Montecito Water District class action lawsuit, Ordinance 90 became effective on Oct. 1, 2008.
Notice of the Montecito water rates class action lawsuit was reportedly sent to approximately 1,445 putative Class Members in June 2014, providing them with the opportunity to opt out of the litigation. Only 122 Class Members opted out of the Montecito Water District class action lawsuit.
On Sept. 22, 2015, the court reportedly determined that Montecito Water District’s Ordinance 90 rates above the $3.90 average cost of water were in violation of Proposition 218 because they were not set in proportion to the cost of water service. The parties subsequently agreed to settle the water rate class action lawsuit.
The court has preliminarily approved the Montecito Water District class action settlement. Class Members who would like to opt out of the deal must do so no later than July 5, 2017, and those who would like to object to the class action settlement must do so no later than July 25, 2017.
Who’s Eligible
Class Members of the Montecito Water District settlement include: “All current and former non-agricultural customers of the Montecito Water District under Ordinance 90 from October 1, 2008 through August 31, 2013, who did not submit an opt-out form in the lawsuit on or before August 12, 2014.”
Potential Award
Varies, depending on the total number of claims filed and other factors.
Class Members are entitled to a refund of the difference between the amount they actually paid during the Class Period than they would have paid if Montecito Water District charged a flat rate per HCF of metered water used, plus interest.
Proof of Purchase
Class Members are asked to provide the account number or service address for each account they had with the Montecito Water District. They must attest under the penalty of perjury that all information submitted in their Claim Form is true and correct to the best of their knowledge.
Claim Form
Claim Form Deadline
7/5/2017
Case Name
Patrick M. Nesbitt, et al. v. Montecito Water District, Case No. 1415836, in the Superior Court for the State of California, County of Santa Barbara
Final Hearing
8/8/2017
Settlement Website
www.CPTGroup.com/Montecito-Water-Settlement
Claims Administrator
Nesbitt, et al. v. Montecito Water District Settlement
c/o CPT Group
16630 Aston Street
Irvine, CA 92606
1-877-809-5232
Class Counsel
Jeffrey Lee Costell
Alexandre Ian Cornelius
COSTELL & CORNELIUS LAW CORPORATION
Defense Counsel
Holly O. Whatley
COLANTUONO HIGHSMITH & WHATLEY PC
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