San Diego Superior Court
Patz v. City of San Diego
Case No. 37-2015-00023413-CU-MC-CTL
Class Action Notice
Authorized by the San Diego Superior Court
Were you a There is a To be part of this
single-family $40,000,000 settlement, you
residential settlement of a should:
water customer lawsuit.
of the City of San Read this notice.
Diego any time You may be
between August entitled to You do not need to
14, 2014 and money. respond to this
December 1, notice to be a part
2023? of the settlement.
Important things to know:
• If you take no action, you will still be bound by the settlement, and your
rights will be affected.
• You can learn more at www.SDWaterSettlement.com.
Table of Contents
Table of Contents......................................................................................................2
About This Notice .....................................................................................................3
Why did I get this notice? ............................................................................................... 3
What do I do next? .......................................................................................................... 3
What are the most important dates?............................................................................ 4
Learning About the Lawsuit ....................................................................................4
What is this lawsuit about? ............................................................................................ 4
Why is there a settlement in this lawsuit? .................................................................... 4
What happens next in this lawsuit? .............................................................................. 5
Learning About the Settlement...............................................................................5
What does the settlement provide? .............................................................................. 5
How do I know if I am part of this settlement? ............................................................ 6
How much will my payment be? ................................................................................... 6
Deciding What to Do .................................................................................................7
How do I weigh my options?.......................................................................................... 7
What is the best path for me? ....................................................................................... 8
Submitting a Claim ...................................................................................................8
How do I get a payment if I am a class member? ........................................................ 9
Do I have a lawyer in this lawsuit? ................................................................................ 9
Do I have to pay the lawyers in this lawsuit? ............................................................. 10
Opting Out ............................................................................................................... 10
What if I don't want to be part of this settlement?.................................................... 10
How do I opt out? ......................................................................................................... 11
Objecting ................................................................................................................. 11
What if I disagree with the settlement? ...................................................................... 11
Doing Nothing ......................................................................................................... 12
What are the consequences of doing nothing? ......................................................... 12
Key Resources ......................................................................................................... 12
How do I get more information? ................................................................................. 12
Instructions for accessing eCourt Public Portal ......................................................... 14
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About This Notice
Why did I get this notice?
This notice is to tell you about the settlement of a class action lawsuit,
Patz v. City of San Diego brought on behalf of people who were single-
family residential water customers of the City of San Diego at any time
between August 14, 2014 and December 1, 2023, alleging that the City
of San Diego’s single-family residential water rates were
unconstitutional. You received this notice because you may be a
member of the group of people affected, called the “class.” This
notice gives you a summary of the terms of the proposed settlement
agreement, explains what rights class members have, and helps class
members make informed decisions about what action to take.
What do I do next?
Read this notice to understand the settlement and to determine if you
are a class member. Then, decide if you want to:
Options More information about each option
Do Nothing (You The Court of Appeal affirmed a refund calculation in the
may confirm appeal of this case. If you were overcharged based on
your contact that calculation, you do not need to submit anything
information and further at this time to receive a refund. You may visit
select your www.SDWaterSettlement.com to confirm your contact
preferred information and select your preferred payment option.
payment
method) Not all customers were overcharged. You will only
receive a refund if you were overcharged based on
the refund calculation accepted by the Court of
Appeal. The amount of the refund will be based on each
customer’s share of the net settlement fund. If you do
nothing further, you will also give up rights resolved by
settlement.
Opt Out Get no payment. Allows you to bring another lawsuit
against the City of San Diego about the same issues.
Object Tell the Court why you don’t like the settlement.
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Read on to understand the specifics of the settlement and what each
choice would mean for you.
What are the most important dates?
Your deadline to object or opt out: September 28, 2026
Settlement approval hearing: December 11, 2026
Learning About the Lawsuit
What is this lawsuit about?
A class action lawsuit was filed against the
City of San Diego on behalf of people who Where can I learn
were single-family residential water
more?
customers of San Diego between August 14,
You can get a complete
2014 and December 1, 2023. The lawsuit
copy of the proposed
claims that the City of San Diego charged
settlement and other key
unconstitutional single-family residential
documents in this lawsuit at
water rates, because those rates were not
www.SDWaterSettlement.com
proportional to the cost of providing water
service to its single-family residential
customers.
The City of San Diego denies that it has overcharged any class
members or that any money is owed.
Why is there a settlement in this lawsuit?
In 2026, the parties agreed to settle,
which means they have reached an What is a class action
agreement to resolve the lawsuit. settlement?
Both sides want to avoid the risk A class action settlement is an
and expense of further litigation. agreement between the parties to
resolve and end the case.
The settlement is on behalf of the Settlements can provide money to
customers who brought the case class members and changes to the
and all members of the settlement practices that caused the harm.
class, which includes all single-
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family residential customers of the City of San Diego between August
14, 2014 and December 1, 2023.
The Court previously decided that the City of San Diego had charged
single-family residential customers under an unconstitutional water
rate structure, and selected a refund methodology to determine which
customers were overcharged. The Court has not yet decided how a
new law, Government Code section 53758.5 (added by Senate Bill
1072) applies to the refund award.
What happens next in this lawsuit?
The Court will hold a Fairness hearing to decide whether to approve
the settlement. The hearing will be held at:
Where: San Diego Superior Court, Hall of Justice, Fourth Floor,
Department C-67, 330 W Broadway, San Diego, CA 92101.
When: 9:00 a.m. on December 11, 2026.
The Court has directed the parties to send you this notice about the
proposed settlement. Because the settlement of a class action decides
the rights of all members of the proposed class, the Court must give
final approval to the settlement before it can take effect. Payments will
only be made if the Court approves the settlement.
You don’t have to attend, but you may at your own expense. You may
also ask the Court for permission to speak and express your opinion
about the settlement. If the Court does not approve the settlement or
the parties decide to end it, it will be void and the lawsuit will continue.
The date of the hearing may change without further notice to
members of the class. To learn more and confirm the hearing date, go
to www.SDWaterSettlement.com.
Learning About the Settlement
What does the settlement provide?
After the Court determined that the City of San Diego’s single-family
residential water rates were unconstitutional, San Diego changed
those single-family residential water rates. The City of San Diego’s
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subsequent rates apply to all single-family residential customers.
There has been no judicial determination about the constitutionality of
the City of San Diego’s subsequent single-family residential water
rates.
The settlement pays money to customers who, as a result of the
unconstitutional water rate structure, paid more than they would have
paid otherwise. Not all customers will receive refunds under the
settlement, only those customers who were overcharged according to
the methodology adopted by the court. For customers who were
overcharged, you do not have to do anything further to receive your
refund, but you may be asked to validate your contact information,
and to select your preferred payment method.
The City of San Diego has agreed to pay $40,000,000.00 into a
settlement fund. This money will be divided among the class members
who were overcharged, and will also be used to pay for costs and fees
approved by the Court, including the cost of administering this
settlement (expected to be no more than $199,000, subject to court
approval). Members of the settlement class will “release” their claims
as part of the settlement, which means they cannot sue the City of San
Diego for the same issues in this lawsuit. The full terms of the release
can be found at www.SDWaterSettlement.com.
If there is money left over after the claims process is completed, it will
be donated to an organization approved by the Court. The Court has
approved the Sierra Club, California Water Committee, including the
San Diego chapter, as the recipient for any funds remaining after the
claims process is completed.
How do I know if I am part of this settlement?
If you were a single-family residential customer of the City of San
Diego between August 14, 2014 and December 1, 2023, you are a
member of the class and may be entitled to money.
How much will my payment be?
The trial court adopted a refund methodology based on an expert
report from the City of San Diego’s expert, which the Court of Appeal
affirmed. Under that method, the City of San Diego’s expert calculated
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the amount of the refund owed to each class member at trial, based
on the difference between the amount each class member actually
paid, and the amount that class member would have paid for their
single-family residential water service, if the City of San Diego had not
charged unlawful rates. Each class member who was overcharged
based on that calculation will receive a refund. The refund amount is
based on the customer’s share of the net settlement fund.
Not all class members experienced overcharges, and those class
members who were not overcharged according to this calculation will
not receive a refund under the settlement. All class members received
the benefit of the City of San Diego changing the water rates that were
in effect during this period.
Deciding What to Do
How do I weigh my options?
You have three options. You can stay in the settlement (and do
nothing further, except verifying your contact information and
preferred payment method if necessary), you can opt out of the
settlement, or you can object to the settlement. This chart shows the
effects of each option:
Do Nothing (Stay in
Opt out Object
Settlement)
Can I receive settlement
YES NO YES
money if I . . .
Am I bound by the terms
YES NO YES
of this lawsuit if I . . .
Can I pursue my own
NO YES NO
case if I . . .
Will the class lawyers
YES NO NO
represent me if I . . .
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What is the best path for me?
Are you satisfied with
the proposed
settlement?
Yes No
Do nothing
(You may provide Do you want to file
preferred payment your own lawsuit
method) or not be bound by
this lawsuit?
Yes No
Opt out of
the I don't like the
proposed
settlement
settlement
Object in writing
and/or appear in
court to explain
why you don't like
it*
*You can object to the settlement AND remain a class member to receive
payment.
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Participating in the Settlement
How do I get a payment if I am a class member?
If you wish to receive money, you do not need to take any further
action. You can confirm your current contact information and select
your preferred payment method (e.g., paper check vs. electronic
payment methods).
Visit www.SDWaterSettlement.com to see whether you are estimated
to receive a refund under the Settlement, or contact the Settlement
Administrator (address below).
Do I have a lawyer in this lawsuit?
In a class action, the court appoints class representatives and lawyers
to work on the case and represent the interests of all the class
members. For this settlement, the Court has appointed the following
individuals and lawyers.
Your lawyers:
Andre M. Mura
Steven M. Tindall
Ezekiel S. Wald
Gibbs Mura LLP
1111 Broadway, Suite 2100
Oakland, CA 94067
Daniel L. Rottinghaus
Howard J. Silldorf
Anne L. Rauch
Theresa M. Filicia
Berding & Weil, LLP
160 Hotel Circle North, Ste. 701
San Diego, CA 92108
These are the lawyers who negotiated this settlement on your behalf.
If you want to be represented by your own lawyer, you may hire one at
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your own expense.
Do I have to pay the lawyers in this lawsuit?
Lawyers' fees and costs will be paid from the Settlement Fund. You
will not have to pay the lawyers directly.
To date, your lawyers have not been paid any money for their work or
the expenses that they have paid for the case. To pay for some of their
time and risk in bringing this case without any guarantee of payment
unless they were successful, your lawyers will request, as part of the
final approval of this Settlement, that the Court approve a payment of
up to $13,333,333.33 total in attorneys’ fees plus the reimbursement
of out-of-pocket expenses, not to exceed $500,000.
Lawyers' fees and expenses will only be awarded if approved by the
Court as a fair and reasonable amount. You have the right to object to
the lawyers' fees even if you think the settlement terms are fair.
Your lawyers will also ask the Court to approve a payment of $7,500.00
to each of the Class Representatives for the time and effort they
contributed to the case. If approved by the Court, this will be paid from
the Settlement Fund.
Opting Out
What if I don't want to be part of this settlement?
You can opt out. If you do, you will not receive payment and cannot
object to the settlement. However, you will not be bound or affected
by anything that happens in this lawsuit and may be able to file your
own case.
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How do I opt out?
To opt out of the settlement, you must complete the opt out form
included on www.SDWaterSettlement.com and send it by September
28, 2026 to the Settlement Administrator at:
PO Box 19504, Irvine, CA 92623
Toll-Free: 1-888-903-0334
Email: [email protected]
Be sure to include your name, address, telephone number, and
signature.
Objecting
What if I disagree with the settlement?
If you disagree with any part of the settlement (including the lawyers'
fees) but don’t want to opt out, you may object. You must give reasons
why you think the Court should not approve it and say whether your
objection applies to just you, a part of the class, or the entire class. The
Court will consider your views. The Court can only approve or deny the
settlement — it cannot change the terms of the settlement. You may,
but don’t need to, hire your own lawyer to help you.
To object, you must send a letter to the Court (or file your comment on
the docket in this Action) that:
(1) is received by September 28, 2026;
(2) includes the case name and number (Patz v. City of San Diego, No.
37-2015-00023413)
(3) includes your full name, address where you receive single-family
residential water service (or received that water service) from the
City of San Diego, the name of the property owner for the address
where the objector/commenter receives or received water service
from the City of San Diego (if you are not the property owner), your
telephone number, and your email address (if you have one);
(4) states the reasons for your objection;
(5) the name and contact information of any attorneys representing,
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advising, or assisting you in filing your comment or objection, and if
you are advised or represented by an attorney, a statement
identifying the objections that attorney has filed to other class
action settlements in the last five years;
(6) says whether either you or your lawyer intend to appear at the final
approval hearing and your lawyer's name;
(7) your signature (handwritten or electronically imaged, e.g.,
“DocuSign”).
Mail the letter to:
PO Box 19504, Irvine, CA 92623 San Diego Superior Court,
Toll-Free: 1-888-903-0334 Hall of Justice, Fourth Floor,
330 W Broadway,
San Diego, CA 92101
Doing Nothing
What are the consequences of doing nothing?
If you do nothing, you will still be bound by the settlement and its
“release” provisions. That means you won’t be able to start, continue,
or be part of any other lawsuit against the City of San Diego about the
issues in this case. A full description of the claims and persons who will
be released if this settlement is approved can be found at
www.SDWaterSettlement.com.
Key Resources
How do I get more information?
This notice is a summary of the proposed settlement. The complete
settlement with all its terms can be found at
www.SDWaterSettlement.com. To get a copy of the settlement
agreement or get answers to your questions:
• contact your lawyer (information below)
• visit the case website at www.SDWaterSettlement.com.
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• access the Court’s Public Portal online or by visiting the Clerk’s
office of the Court (address below). While you may access the
complete settlement and the other documents from this case from
the Court (either on its online portal or at the Clerk’s office in
person), please do not reach out to the Court with questions about
the settlement. If you have questions about the settlement, contact
the Settlement Administrator, visit the case website, or contact
your attorneys (information listed in the table below).
Resource Contact Information
Case website
www.SDWaterSettlement.com
Settlement PO Box 19504, Irvine, CA 92623
Administrator Toll-Free: 1-888-903-0334
Email: [email protected]
Your Lawyers Andre M. Mura
Steven M. Tindall
Ezekiel S. Wald
Gibbs Mura LLP
1111 Broadway, Suite 2100
Oakland, CA 94067
Daniel L. Rottinghaus
Howard J. Silldorf
Anne L. Rauch
Theresa M. Filicia
Berding & Weil, LLP
160 Hotel Circle North, Ste. 701
San Diego, CA 92108
Court (DO NOT San Diego Superior Court,
CONTACT WITH Hall of Justice, Fourth Floor,
QUESTIONS) 330 W Broadway,
San Diego, CA 92101
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Instructions for accessing eCourt Public Portal
To access the Court's eCourt Public Portal online found at
https://odyroa.sdcourt.ca.gov/Cases#, you will first need to “agree” to
the terms and conditions shown on the screen. You can then access
case documents by entering the case number, 37-2015-00023413, in
the “V3 Format,” and clicking on "Search." On the following page, you
will see case details, information about future hearings, and if you
scroll down, the Court’s “Register of Actions.” You may then download
images of every document filed in the case for a fee. You may also
view images of case documents for free at one of the computer
terminal kiosks at court locations.
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