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1. Why is there a Notice?
A Court authorized this website to inform you that these class actions may affect your rights. Receiving Notice of these class actions does not necessarily mean that you are a class member or that you are entitled to compensation.
2. What is this litigation about?
In these lawsuits, the plaintiffs allege that the City and County of San Francisco and San Francisco Public Utilities Commission's ("City") that the City’s water rates violate Proposition 218, which requires that rates be no more than the cost of service. Specifically, both lawsuits assert that the City uniformly and improperly charged Plaintiffs and class members for public fire protection. Plaintiffs seek damages, declaratory, injunctive, and mandamus relief. The City denies that the water rates violate Proposition 218, that it owes any amount, or that it damaged any of the class members in any way. The Court has not made any decision about who is right or wrong in the lawsuit, or who will win at trial. This Notice does not express any opinion of the Court as to the merits of any claim.
You can find additional information about the claims in the class action complaints, and in the orders certifying classes, both which are available at this website on the Documents Section.
The case is pending in the following Court:
Superior Court of the State of California, County of San Francisco
3. What is Proposition 218?
Proposition 218 is a voter approved amendment to California’s Constitution that limits property related fees and assessments including fees for water service.
4. What is a class action?
In a class action, one person or persons called the “Plaintiffs” sue on behalf of themselves and other people with similar claims. All of the people within the classes certified by the Court are class members, except for those who exclude themselves from the class.
5. Who are the class members?
The Court certified the following classes:
The class members in Toy are all persons and entities who were retail water customers of the City at any time from October 18, 2019, through June 30, 2023, and who were billed for charges first due on or after October 18, 2019, at the residential rates established by San Francisco Public Utilities Commission Resolution 18-0053.
The class members in Aquilina are all persons and entities who, are, were, or become retail water customers of the City at any time on or after July 1, 2023, billed at residential rates established by Public Utilities Commission Resolution 23-0103.
If you have any questions about whether you are a class member, please contact Plaintiffs’ attorneys, whose contact information is listed in FAQ 9.
6. How do I exclude myself?
You may exclude yourself from one or both of these class actions. You have two options to exclude yourself from either or both of these classes. First, you may mail a written request for exclusion to the class administrator at Toy v. San Francisco, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391, received by December 27, 2024.
You must include in your request for exclusion your:
• Full name;
• Address;
• Your San Francisco Public Utility Commission account number or numbers if you know them, and
• A clear and unambiguous statement that you want to be excluded from these cases, such as “I request to be excluded from the class in Toy, et al. v. City and County of San Francisco and Aquilina, et al. v. City and County of San Francisco.” If you want to be excluded from only one of the class actions, clearly state which one.
You must sign your request personally. If any person signs on your behalf, that person must attach a copy of a power of attorney authorizing his or his signature.
Alternatively, you may go to the opt-out section of this website and fill out the opt-out form.
7. If I do not exclude myself, can I sue City for the same thing later?
No. Unless you exclude yourself, you give up the right to sue City over the claims covered by these class actions. You must exclude yourself from a class action in order to pursue your own lawsuit against City.
8. If I exclude myself, can I still get a payment?
If you exclude yourself, you give up the possibility of receiving any money resulting from these class actions. You will, upon being excluded from a class, not be bound by any orders or judgments that the Court issues in connection with that class action. If you plan to exclude yourself and file an individual action against Defendants, you will have to find and hire your own lawyer, if you want a lawyer to represent you. You will also have to independently prove your claims.
9. Do I have a lawyer in the case?
The Court has appointed the following lawyers as “Plaintiffs’ counsel” to represent all members of the class.
Driscoll & Omens
PO Box 6596
Albany, CA 94706
[email protected]
You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.
10. What happens if I do nothing at all?
If you are a class member, and you do nothing, you will remain in the class and preserve the possibility of receiving money as a result of the class action. Additionally, if you are a class member, and do nothing, you will give up your right to file (at your own expense), or proceed with an individual action on your own behalf against City for the claims at issue in these class actions. You will also be bound by all orders and judgments that the Court issues in connection with these class actions.
11. How do I get more information?
You may review all documents filed with the Court at the Superior Court of the State of California, County of San Francisco. In addition, pertinent documents are available at this website. If you would like additional information about these class actions, please contact Plaintiffs’ attorneys. Please do not call the judge about these class actions. Neither he, nor any Court personnel, will be able to give you advice about these class actions. Furthermore, because neither City nor City’s attorneys represent you, they cannot give you legal advice about these class actions.
12. How do I update my contact information?
To update your contact information, you may contact the notice administrator toll-free at (833) 739-3316 or by mail to:
Toy v. San Francisco
c/o Kroll LLC
P.O. Box 225391
New York, NY 10150-5391
This website is authorized by the Court, supervised by counsel to the parties, and controlled by the class notice administrator approved by the Court. This is the only authorized website for these cases.
For more information please call (833) 739-3316.
This website is authorized by the Court, supervised by counsel to the parties, and controlled by the class notice administrator approved by the Court. This is the only authorized website for this case.
For more information please call (833) 739-3316.
Exclusion Deadline
Friday, December 27, 2024In order to exclude yourself from the certified class(es) you must mail or submit your request so that it is received by December 27, 2024.
Important Dates
This website is authorized by the Court, supervised by counsel to the parties, and controlled by the class notice administrator approved by the Court. This is the only authorized website for this case.
For more information please call (833) 739-3316.
Exclusion Deadline
Friday, December 27, 2024In order to exclude yourself from the certified class(es) you must mail or submit your request so that it is received by December 27, 2024.