Plaintiffs filed the Montecito, California Water district class action lawsuit in February of 2013. The lawsuit alleges the Montecito Water District violated Proposition 218 that is part of the California Constitution. At the heart of the class action lawsuit is Ordinance 90, which went into effect on October 1, 2008. California residents who were billed by the Montecito Water District received notice of the class action lawsuit in June of 2014.
In September of 2015, a court decision declared that Ordinance 90 rates over the $3.90 average for water costs violated Proposition 218. The reasoning behind the court ruling was the rate set by Montecito Water District was not proportionate to the actual cost of water service in the community. Both sides of the legal battle agreed to settle the class action lawsuit.
Montecito Water District has agreed to refund nearly $2 million to residents of the city. The refund covers water usage fees from November 4, 2011 to August 31, 2013. The court has approved the Montecito Water District class action settlement. Eligible class members who want to opt out of the settlement must submit a notification by July 5, 2017. If you want to contest any part of the agreement, you must submit your objection by July 25, 2017.
What You Need To Know
Class counsel says the group of eligible class members comprises “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.” The potential award depends on the number of class member who file claims, as well as other factors such as the length of time Montecito residents received incorrect water bills. Class members must submit account numbers or the address where Montecito Water District provided water service. Court documents reveal class members must also confirm under the penalty of perjury that everything submitted in a claim form is true.
The deadline to file a valid claim is July 5, 2017. The judge presiding over the class action settlement case 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 has scheduled the final hearing on August 8, 2017. Montecito residents eligible for class membership can learn more about the final hearing and class action settlement updates at www.CPTGroup.com/Montecito-Water-Settlement.
Plaintiffs in the Montecito Water District class action lawsuit are represented by Jeffrey Lee Costell and Alexandre Ian Cornelius from Costell & Cornelius Law Corporation. Holly O. Whatley of Colantuono Highsmith & Whatley handles the defense counsel for the defendant.
