1. What is the Action about?
2. Why is there a settlement?
3. Who is included in the Settlement?
4. What if I am still not sure whether I am part of the Settlement?
5. What are the Settlement Terms?
6. What are you giving up if you stay in the Class?
7. What are your options regarding the Settlement?
8. Who are the attorneys representing the Parties?
9. When and where will the Court decide whether to approve the Settlement?
10. What if your address changes?
11. What if I want further information or have questions?
Plaintiffs brought the Action on behalf of themselves and others who resided at the Loop Motor Lodge, a hotel located at 3135 E. Main Street, Ventura, California 93033 (the “Loop Motor Lodge”). In the Action, Plaintiffs allege that Defendants required Plaintiffs and other guests of the Loop Motor Lodge to move out, or check out and re-register, before 30 consecutive days of occupancy to avoid guests from gaining protections and rights reserved for tenants who reside in a hotel for 30 or more consecutive days. Plaintiffs allege that Defendants violated California Civil Code sections 1940.1 and 52.1, were negligent, and violated California Business & Professions Code sections 17200, et seq. They seek damages, penalties, attorney’s fees, and litigation costs. Defendants deny Plaintiffs’ allegations.
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The Court has not decided in favor of Plaintiffs or Defendants in the Action. Instead, Plaintiffs and Defendants (the “Parties”) have reached a Settlement to resolve the Action. The Settlement is a compromise reached after good faith, arm’s length negotiations between the Parties, through their attorneys. The Parties agree that the Settlement is fair, adequate, and reasonable. Plaintiffs and Class Counsel also believe the Settlement is in the best interests of others who are similarly situated, such as you.
The Court in charge of the Action is the Ventura County Superior Court. The Court must still decide whether to approve the proposed Settlement.
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The Court has certified the following class (the “Class”):
All persons who resided at the hotel located at 3135 E. Main Street, Ventura, California 93033, commonly known as the “Loop Motor Lodge,” and were required to move out, or to check out and re-register, after 28 to 30 consecutive days of occupancy at any time from October 27, 2018 through August 27, 2024.
If you received a Notice, you are among those in the Class.
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If you are not sure whether you are included, call (888) 511-1472, review this website, or contact Class Counsel, whose contact information is provided below.
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Subject to approval of the Court, $349,000.00 (“Gross Settlement Amount”) will be paid on behalf Defendants and cover the following: (1) individual payments to members of the Class who do not opt out of the Class (“Class Members”); (2) the Court-approved incentive awards to Plaintiffs; (3) the Court-approved attorney’s fees and costs to Class Counsel; and (4) the costs of administering the Settlement.
A. Payments to Class Members.
After deduction from the Gross Settlement Amount for attorneys’ fees and costs, the incentive awards to Plaintiffs, and the costs of administering the Settlement, there will be a Net Settlement Amount. Each Class Member will receive payment of a pro rata share of the Net Settlement Amount depending on the number of “Qualifying Stays.” “Qualifying Stay” means a stay of between 28 and 30 consecutive days at the Loop Motor Lodge from October 27, 2018 through August 27, 2024 (the “Class Period”). Defendants’ records may lack sufficient information to calculate the total number of Qualifying Stays for certain Class members. In light of this situation and in the interest of equity, in calculating these Class members’ pro rata share of the Net Settlement Amount, each will be deemed to have one Qualifying Stay. The pro rata share of each Class Member will be calculated by (1) dividing the Net Settlement Amount by the total number of Qualifying Stays reflected in Defendants’ business records and (2) then multiplying that amount by the number of Qualifying Stays of the respective Class Member.
If you are a Class Member, your settlement check will be sent to the same address as the Notice. If a settlement check remains uncashed after 180 calendar days of issuance, the check will be void and the funds will be paid to a mutually agreeable Cy Pres organization serving low-income or homeless people in the Ventura County area. In such event, the Class Member will remain bound by the terms of the Settlement and all Court orders.
B. Attorney’s Fees and Costs, Incentive Award, and Settlement Administration Costs.
Class Counsel will ask the Court to award reasonable attorney’s fees of up to $122,150.00 and costs up to $25,000.00 not including settlement administration costs. In addition, Class Counsel will ask the Court to authorize an incentive award of up to $1,500 to plaintiff Shawn Tundidor and an incentive award of up to $3,000 each to plaintiffs Kimberly Allen and Joseph Allen for Plaintiffs’ efforts in prosecuting the Action on behalf of the Class. The Parties estimate the cost of administering the Settlement will not exceed $7,500.00. Any amounts not awarded by the Court will be included in the Net Settlement Amount and will be distributed to Class Members as set forth above.
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Unless you exclude yourself, you will be part of the Class. As a Class Member, you would release Defendants from any claims set forth below, and you could not sue Defendants for such claims. You would also be bound by any decisions made by the Court.
A word-for-word copy of the release from the Stipulation of Settlement, which is available in the Important Documents section of this website, is copied below:
Upon the complete distribution of the Gross Settlement Amount, Class Members, including Plaintiffs, shall be deemed to have, and by operation of the Final Order and Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged Defendants and their managers, members, officers, directors, employees, related entities, affiliates, predecessors, successors, and assigns from any and all claims, rights, penalties, damages, demands, debts, accounts, duties, liens, charges, complaints, costs, and expenses (other than those costs, attorney’s fees, and expenses required to be paid under this Stipulation of Settlement) arising from the events, acts, and omissions alleged in the Action, including the allegations that Defendants violated California Civil Code sections 1940.1 and 52.1 and any claims for damages, equitable relief, restitution, injunction, interest, and penalties arising therefrom. This release does not cover the rights and obligations of Defendants and Class Members under any written lease or other written agreement that is currently in effect.
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You have three options under this Settlement, each of which is discussed below:
You may do nothing, if you wish. If you do nothing, you will receive a payment for your portion of the monetary award, subject to the Court’s Final Approval of the Settlement. You will also be bound by all terms of the Settlement (including the release of claims), any Final Approval Order, and any Final Judgment entered in this Action.
You may exclude yourself from receiving a share of the settlement proceeds by submitting a timely and valid Opt-Out Form, which available in the Important Documents section of this website, to the Settlement Administrator (at the address shown Opt-Out Form). By submitting an Opt-Out Form, you are requesting exclusion from the Class. To be timely, the Opt-Out Form must be mailed to the Settlement Administrator, postmarked by no later than October 31, 2024. If you timely and validly opt out, you will not be eligible to receive any compensation under the Settlement, you will not be bound by the Settlement, and you will have no right to object to the Settlement or participate in the Final Approval Hearing.
Class Members who fail to submit a valid and timely written request for exclusion will be bound by the Settlement (including the release of claims), any Final Approval Order, and any Final Judgment entered in this Action
You may object to the proposed Settlement if you do not agree with the Settlement or any of its terms, such as the number of your Qualifying Stays. If you wish to object to the Settlement, you must file with the Court, and serve on the Settlement Administrator (at the address shown listed in FAQ 11 below), a written objection no later than October 31, 2024; it must be postmarked by no later than October 31, 2024. The written objection must state (a) your full name and current address; (b) the basis for the objection (including why you believe the Settlement is not in the best interest of the Settlement Class), along with any documents that support the objection; (c) a notice of intent to appear at the Final Approval Hearing; (d) your signature; and (e) the case name and case number of the Action.
You can only object if you stay in the Class. If you object to the Settlement, you still remain a Class Member and you still remain eligible to receive a share of the settlement proceeds.
No Class Member shall be entitled to be heard at the final approval hearing or to object to the Settlement, and no written objections or briefs submitted by any Class Member shall be considered by the Court at the final approval hearing, unless the written objections or briefs have been timely filed with the Court and timely served on the Settlement Administrator. Any Class Member who fails to file and serve timely written objections within the time and in the manner specified in this section will be deemed to have waived any objections and shall be foreclosed from making any objection in writing or in person (whether by appeal or otherwise) to the Settlement, or any aspect of the Settlement, including, without limitation, the fairness, reasonableness, or adequacy of the proposed settlement or any award of Attorneys’ Fees and Costs.
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The contact information for the attorneys representing the Parties in the Action are as follows:
Class Counsel | Counsel for Loop Motor Lodge and Dilnik Inc. | Counsel for Andy Shui Pei Hsu, Tung Ching Hsu, and Lee Ing Hsu |
Yashdeep Singh, Esq. | Jonathan D. Marshall, Esq. | Brian Nomi, Esq. |
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The Court will hold a Final Approval Hearing regarding the Settlement on December 19, 2024, at 8:20 a.m. before the Honorable Mark Borrell in Department 40 of the Ventura County Superior Court of California, Hall of Justice, located at 800 South Victoria Avenue, Ventura, CA 93009. At the hearing, the Court will determine whether the proposed Settlement should be finally approved as fair, reasonable, and adequate. The Court will also be asked to approve the request of Class Counsel for attorney’s fees and costs and the incentive awards to Plaintiffs. If there are objections, the Court will consider them. The Court may continue the Final Approval Hearing without further notice to the Class Members.
If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement payments will be distributed to Class Members after the Court grants final approval to the Settlement.
You are not required to attend the hearing. But you are welcome to the hearing at your own expense. If you attend, you may ask the Court for permission to speak at the hearing.
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It is your responsibility to inform the Settlement Administrator of your correct address. If your address is different from the address on the envelope that contained the Notice, please send any change of address along with your name, birth date, and former address to the Settlement Administrator at the address listed in FAQ 11 below.
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For more information regarding the Settlement, you may visit this website regularly or call the toll-free number (888) 511-1472.
You may also contact Class Counsel at the addresses and telephone numbers provided in this website. Your communications with Class Counsel regarding the Action will be confidential.
You may also contact the Settlement Administrator at Simpluris, Inc., at Loop Motor Lodge Settlement Administrator, C/O Simpluris, PO Box 25226, Santa Ana, CA 92799.
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DO NOT CONTACT THE COURT REGARDING THE NOTICE. THE COURT IS NOT ABLE TO PROVIDE ANY INFORMATION OR ADVICE REGARDING THE NOTICE.