A court approved this notice. This is not an advertisement or solicitation.
TO:
All single-family residential customers of the Otay Water District who received residential water service after July 14, 2014
This Notice is to inform you of a class action lawsuit that is being litigated on behalf of all single-family residential customers of the Otay Water District who received residential water service after July 14, 2014. Your rights may be affected by the legal proceedings in this action. There is not yet a resolution of the case that would entitle you to money or other benefits.
Plaintiff Mark Coziahr (the “Plaintiff”) filed a lawsuit against the Otay Water District in which he represents a class of all single-family residential customers of the Otay Water District who received residential water service at any time after July 14, 2014, up to the present. Plaintiff claims that Otay violated certain provisions of the California Constitution by charging more for the water that it provides to its residential customers than the proportional cost of delivering the water to each parcel of property. Plaintiff seeks an order from the Court that the charges are illegal and seeks repayment of the excess amount that the Otay single-family residential customers were allegedly overcharged. Otay Water District disputes these allegations and maintains that its charges were constitutional and otherwise appropriate under the law.
You are receiving this Notice because you have been identified as a Class Member—that is, you have been identified as a single-family residential customer of the Otay Water District who received residential water service after July 14, 2014.
The Court ruled, by Order of August 1, 2019, that the case may go forward on a class basis. The Court has not, however, rendered any opinion as to whether Plaintiff or Otay Water District is correct about the legal claims in the case.
Your legal rights may be affected whether you act or do not act. Your options are summarized in this Notice.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS CLASS ACTION | |
| DO NOTHING | If you do nothing, you will remain in the Class. If you do nothing, you stay part of the class action. You will be bound by the outcome of the lawsuit, whether it is successful or unsuccessful. You will give up your right to sue Otay Water District separately about the same legal claims in the lawsuit. |
| EXCLUDE YOURSELF | If you exclude yourself from the class action, you will not be affected by the outcome of the lawsuit and will get no money or benefits from the lawsuit if it is successful. You keep any rights you may have to sue Otay Water District separately about the same legal claims in this lawsuit. To be excluded, you must sign and mail a written request to be excluded to the Class Notice Administrator at the addresses listed on the Contact page on or before June 5, 2020. |
The Court cannot respond to any questions regarding this Notice or the Lawsuit. Please do not contact the Court.