Aglio v. City Of San Diego Case
Check here for the most recent news regarding the Aglio v. City of San Diego case (San Diego Superior Court, Case No. 37-2009-00081994-CU-EI-CTL), which concerns certain people who were homeowners and residents of the De Anza Cove mobile home park on October 22, 2003, but were coerced by the city to sign settlement agreements, or were evicted from the park before trial, which caused the judge to exclude them from the De Anza Cove class action case (San Diego Superior Court, Case No. GIC 821191) and require them to pursue their claims against the city in this case.
Most Recent News
(Updated May 13, 2016)
The Claim Form Submittal Deadline is upcoming on June 1, 2016! Claim Forms need to be completed and returned to Overland, Paciﬁc & Cutler— the Court-appointed Claim Administrator—as soon as possible (and not later than by June 1, 2016)! It is critical that all Aglio Class Members immediately complete their Claim Forms and send them in ASAP!!! If you have not yet received a Claim Form, you must reach out directly to the Claim Administrator, Overland Paciﬁc & Cutler (OPC), and ask OPC to send you a Claim Form ASAP! The contact person at OPC is Daniel Furr at email@example.com or call OPC at (619) 6887980 ext. 203.
Please contact our oﬃce at (858) 244-5032 if you have any questions or concerns. Please read our past Updates (below) for more information.
In accordance with Judge Pressman’s order, on January 29, 2016, the Courtappointed Notice Administrator (KCC/Gilardi) published the Aglio Class Notice and Settlement Agreement on its website www.AglioSettlement.com along with other key documents and information. The Notice Administrator also sent the Aglio Class Notice and Settlement Agreement by U.S. Mail to potential Aglio class members. As a convenience to you, we’ve made the Class Notice, Settlement Agreement, and other key documents available below for you too.
The Court has set a Final Approval and Fairness Hearing in Department C-66 of the San Diego Superior Court (the Hon. Joel M. Pressman presiding) on March 18, 2016 at 10:30 a.m., where Judge Pressman is expected to make ﬁnal decisions about the fairness of the proposed Aglio Class settlement and, we hope, enter an order granting ﬁnal approval of the settlement. If the Court grants Final Approval, then the Settlement will become the ﬁnal order of the Court and everyone in the Aglio Class will receive the beneﬁts and protections of the settlement. After the Court grants ﬁnal approval, the City and the Court-appointed Relocation Coordinator will prepare and serve an Amended Relocation Impact Report, claim forms will need to be completed and returned as soon as possible (and not later than by June 1, 2016), and then compensation will begin being paid to valid Aglio Class members starting after June 1st!
Here are the documents for your review:
- Aglio Class Notice
- Aglio Settlement Agreement
- Plaintiﬀs’ Second Amended Complaint
- City of San Diego’s Answer to Second Amended Complaint
- De Anza Cove Amended Judgment
We want to be sure everyone is fully informed of their rights and makes their decision based on the accurate facts and details of the settlement, not incorrect rumors or innuendo. Please contact our oﬃce at (858) 244-5032 if you have any questions or concerns. Also, if you’d like a summary of the details about the settlement itself, please read our Former Update from December 31, 2015 (below).
Great news! On Friday, January 15, 2016, Judge Pressman of the San Diego Superior Court granted Preliminary Approval of the settlement of this Aglio Class Action. This means we are one step closer to ﬁnal approval! The Court appointed our law ﬁrm, along with Thorsnes, Bartolotta & McGuire, to serve as Plaintiﬀs’ Class Counsel and protect the interests of the Aglio Class members. Here are the next steps that’ll be coming up in the next several weeks and months:
In about two weeks, the Court-ordered Class Notice (along with the full Settlement Agreement) will be published to all known Aglio Class members. This will be done by U.S. Mail, posted at the Park management oﬃce and clubhouse, and published on the Notice Administrator’s website. Keep an eye out in late January or early February for your copy of the Class Notice. The Final Approval and Fairness Hearing will be held in Department C-66 of the San Diego Superior Court (the Hon. Joel M. Pressman presiding) on March 18, 2016 at 10:30 a.m. If the Court grants Final Approval, then the Settlement will become the ﬁnal order of the Court and everyone in the Aglio Class will receive the beneﬁts and protections of the settlement.
We want to be sure everyone is fully informed of their rights and makes their decision based on the accurate facts and details of the settlement, not incorrect rumors or innuendo. Please contact our oﬃce at (858) 244-5032 if you have any questions or concerns. For more details about the settlement itself, please read our prior Former Update from December 31, 2015 (below).
Congratulations are in order! In mid-December, the San Diego City Council approved settlement of this Aglio case. We will be meeting at the De Anza Cove Bayclub Clubhouse on January 7, 2016 at 7:00 p.m. to give an update and answer questions.
As part of the settlement, the San Diego Superior Court has granted our request to convert the case from a case that originally had about 100 individually-named plaintiﬀ households to a class action for purposes of the settlement to protect as many people as possible—approximately 225 households! The proposed class settlement is generally intended to cover and protect the homeowners and residents of the mobile home park who were excluded as class members of the De Anza Cove class action case. To know if you might be covered by this case, here is the proposed Aglio Class deﬁnition and subclasses:
Aglio -eligible Master Settlement Class (“Aglio Class”):
“As of October 22, 2003, and thereafter, all homeowners and/or residents—and their heirs—of the approximately 509 homes within the mobile home 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).”
Subclass A (“Settlement Agreement Subclass”):
“All homeowners and/or residents within the Aglio Class who signed release agreements with the City of San Diego regarding the Park.” This subclass will address the alleged unenforceability of these release agreements in light of state law prohibiting any waiver of rights under the MRL, the false pretenses under which such agreements were obtained, and the heavy-handedness with which these agreements were secured.
Subclass B (“Eviction Subclass”):
“All homeowners and/or residents within the Aglio Class who were evicted from the Park on or before September 4, 2007.”
Subclass C (“Current Resident Subclass”):
“All homeowners and/or residents within the Aglio Class who currently reside at the Park (at anytime 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.” This Subclass will address what relocation beneﬁts may or may not be owed to those homeowners and residents who currently reside at the Park, but did not reside in the Park on October 22, 2003, as would be required to be a class member within the De Anza Cove class action case.
The parties stipulate that the Aglio Class shall include those individuals who opted out of the De Anza Cove class action. However, as previously ruled by the Court in the De Anza Cove class action, DHRG and DHRG “investor” units are not part of the Aglio Class and are not eligible for compensation under this Aglio Action. Likewise, those people who entered into new settlements with the City of San Diego after trial in the De Anza Cove class action are not part of the Aglio Class and they are not eligible for compensation under this Aglio Action.
Tatro & Lopez, LLP, along with co-counsel Thorsnes Bartolotta & McGuire, will be Class Counsel and protect the rights and interests of all Aglio class members. On January 15, 2016, we will be requesting the Court’s preliminary approval of the proposed class settlement. We expect that the Court will grant preliminary approval, and very shortly thereafter the Court-appointed Notice Administrator will publish the Court’s Class Action Notice to the Aglio-eligible class members. That Notice is expected to also include a full copy of the settlement agreement reached with the City.
The settlement agreement itself spells out the details, but here in brief is some general information and facts:
Relocation compensation calculated for the Aglio Class shall use essentially the same underlying relocation compensation components and methodology as ordered by the Court in the De Anza Cove class action, case number GIC 821191. Interest shall be calculated and paid on a pro-rata basis to Aglio Class members only after all claims are submitted and accounted for to ensure suﬃcient relocation compensation funds are available to the Aglio Class. For resident Aglio Class members, said interest will begin to accrue on January 14, 2015—the date the City served its initial Notice of Park Closure and Relocation Impact Report— and will continue to accrue up through and including the date the Aglio Class member is paid in full or the revised Park Closure Date, whichever is earlier.
A Twelve-Month Park Closure Notice was already served on all residents of the mobile home park back in January 2015, but, through the Aglio Class settlement, we’ve required the City to publish new Six-Month Park Closure Notices (along with an Amended Relocation Impact Report) for all Aglio-eligible class members who are still residing in the Park. Those Six-Month Park Closure Notices and Amended Relocation Impact Report will be served only after the Court grants ﬁnal approval of the class action settlement. All of this means that for Aglio Class members still living in the Park, the Park will stay open until at least next July 2016 (and likely longer).
Also, like in the De Anza Cove class action case, none of the attorneys’ fees or costs come from the common fund or from any part of the relocation compensation owed to the Aglio Class. The Court will order the City to pay Class Counsel’s attorneys’ fees and costs in addition to the relocation beneﬁts you’ll receive. Nobody in the Aglio Class will have to pay any attorneys’ fees or costs! There will be several opportunities for you to ask questions and learn more details about the settlement in the coming weeks. We plan to provide additional updates, hold meetings at the Park (including a meeting on January 7, 2016 at 7:00 p.m.), and have a standing open invitation for individuals to speak with us about any private questions or concerns they may have.
Congratulations again to everyone who is in the Aglio Class!
We are still involved in negotiations with the City. The City Council has authorized the City’s attorneys to deal directly with us in working towards settlement. We are very aware and sensitive to the situation regarding the timing of payment of relocation beneﬁts and the Park closure date, and we are working very hard to make sure that the residents have ample time to ﬁnd replacement housing before having to vacate the Park. Based on our progress so far, we feel reasonably optimistic that we will be able to reach agreement with the City. We don’t have concrete enough details to share yet, but will send out an email notice, hold a meeting, and update the website as soon as we do. If you have any other questions, please don’t hesitate to call us at: 858-244-5032.
We will be meeting with all Aglio plaintiﬀs and potential Aglio plaintiﬀs, along with other De Anza Cove residents, at the Bay Club Clubhouse at De Anza Cove at 7:00 p.m. on Wednesday, June 24, 2015. We will be there to answer your questions, give you a sense of how soon we will ask the court to allow the Aglio case to resume, and give you an overview of the status of the case and future possibilities.
We will be meeting with all Aglio plaintiﬀs, and those who want to become named plaintiﬀs in the Aglio case, at the Bay Club Clubhouse at De Anza Cove at 7:00 p.m. on Monday, March 2, 2015. We will be there to answer your questions, give you a sense of how soon we will ask the court to allow the Aglio case to resume, and give you an overview of the status of the case and future possibilities.
One of the main purposes of our bringing and prosecuting the Aglio case is to try to ensure that the City is held accountable and must pay the legally required relocation beneﬁts to all homeowners and residents of the Park. If you were a resident of the Park in January 2015, then the City served you with a 12-month Notice of Park Closure along with OPC’s Relocation Impact Report. Our law ﬁrm does not believe that the City of San Diego has complied with the State’s MRL as to the non-Class Members, and that the Relocation Impact Report does not provide the required information–or provide the State and locally mandated relocation beneﬁts–to those people who are not class members. You’ll notice that, on page 13 of the Relocation Impact Report, OPC correctly states our position: “Plaintiﬀs’ Class Counsel and Counsel for the Aglio plaintiﬀs is of the opinion that the City of San Diego’s Notices of Park Closure and Relocation Impact Report dated January 2015 applicable to Non-Class Members does not satisfy California’s Mobilehome Residency Law or the San Diego local laws (including but not limited to the San Diego Housing Commission Policy applicable to mobilehome park closures) and that the relocation claims of all Non-Class Members must be lawfully resolved prior to park closure and termination of any of their tenancies in the park.”
Tatro & Lopez, LLP, will zealously represent our individual Aglio clients and seek justice on their behalf!
If you were not part of the De Anza Cove class action case because you signed a settlement agreement or were evicted from the Park before trial, you may still be eligible to participate as a Plaintiﬀ in the Aglio case. Over the next few weeks, we will be sending out informational packages about the Aglio case. This package will contain important information regarding your rights and steps that you will need to take if you would like Tatro & Lopez, LLP, to represent you. You can also consult with your own legal counsel about protecting your relocation rights before they become time-barred. If you want our ﬁrm to consider representing you in this Aglio case and you have not received any information from us, please use the “Contact Us” link at the top right part of this page.
This Aglio case has been stayed (or put “on hold”) since 2009 by the Superior Court until the De Anza Cove class action case was resolved. Now that the De Anza Cove class action case has reached ﬁnal judgment and Notices of Park Closure went out in January 2015, we will collect all remaining individuals who would like us to represent them as individual plaintiﬀs in this Aglio case, then ask the Court to release the stay and allow this Aglio litigation to move forward. Our expectation is that will occur in Spring 2015.