Schoshinksi v. City of Los Angeles

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The City settled a class action suit in 2012, Chakhalyan v. City of Los Angeles, alleging that the City had an unlawful practice of charging a trash disposal fee to customers living in multi-unit dwellings who received no trash disposal services from the City. Another class action asserted similar allegations, Cunningham v. City of Los Angeles. Brian Cunningham, did not opt out of the Chakhalyan class or exclude himself from the settlement. After finalization and settlement in Chakhalyan, the City successfully moved for summary judgment of Cunningham's claims, but permitted Cunningham to amend the complaint to add two additional named plaintiffs. The trial court agreed with the City that these plaintiffs' claims were now moot and granted summary judgment for the City. The court affirmed, concluding that plaintiffs' individual claims were moot because a court could grant them no further relief beyond what they have already received; unlike other cases in which the "pick off" exception has been applied, here, the injunctive relief provisions in the Chakhalyan stipulated settlement and judgment required the City to reimburse plaintiffs and other putative class members; the City complied with this obligation before plaintiffs filed the second amended complaint naming them as parties; and, under these particular circumstances, the "pick off" exception does not apply. View "Schoshinksi v. City of Los Angeles" on Justia Law