Schoshinski v. City of Los Angeles

City settled a class action lawsuit involving garbage fees by returning the money it had charged class members and agreeing not to impose similar charges in the future, so would-be plaintiffs in a second concurrent class action had already received all the relief they sought in that second case for themselves and no longer had standing to proceed.  Two class actions attacked Los Angeles’s garbage fees assessed against apartment dwellers.  The first one settled and to carry out the settlement, Los Angeles returned the money it had charged class members, including the plaintiffs in the second class action.  Also, the injunctive relief provisions of the settlement barred Los Angeles from imposing similar overcharges in the future.  This decision holds that as a result of these actions taken in the first class action, the plaintiffs in the second action had already received all the relief they sought in that second case for themselves and so no longer had standing to proceed with the action.  Cases like Kagan v. Gibraltar Sav & Loan Assn. (1984) 35 Cal.3d 582 which prohibit “picking off” a class action plaintiff by granting him individual relief denied class members do not apply here since here the relief was granted pursuant to the terms of a class action settlement under which Los Angeles was compelled to pay the plaintiffs in the second suit since they had remained in the class certified in the first suit.

California Court of Appeal, Second District, Division 8 (Bigelow, P.J.); March 14, 2017; 2017 WL 977094

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s