What Are My Options? YOUR LEGAL RIGHTS AND OPTIONS To obtain more information about the class action and whether you are a Class Member, please visit to review a longer form of this Notice, the complaint and answer, and other key documents and information. Willow Avenue), and, anytime between Januand August 2, 2021: (1) had galvanized iron plumbing (2) received water service from the City of Fresno (3) reported discolored, “rusty” water at that address to the City of Fresno and (4) have not released your claims against the City. Sierra Avenue, and from State Route 41 to N. You may be a Class Member if you own or owned residential, single-family real property within the City of Fresno’s Discolored Water investigation area (from E. Those issues will be decided at a later time or at trial, which has been scheduled to begin July 25, 2022.Įxhibit 3 to Second Amended Proposed Order re: Plaintiffs’ Motion to Approve Class Notice Plan – Notice of Class Action (Shortform) (00197620.DOCX 1) No decision has been made regarding the merits of Plaintiffs’ claims, the City’s liability or wrongdoing, or whether the Plaintiffs and Class Members are entitled to any money at this time. The class action has been heavily prosecuted and defended by the parties over the past several years. The City maintains that the presence of iron in water is an aesthetic issue only under the Safe Drinking Water Act that it has not violated any numeric standards under the Safe Drinking Water Act and that the State of California and US EPA have concluded that the City’s corrosion control was optimized during all times at issue. The City denies any liability or wrongdoing of any kind associated with any of the claims alleged by Plaintiffs in the class action lawsuit and maintains that its practices were lawful and permissible under California and Federal laws. The Plaintiffs in the class action do not allege personal injury claims or seek damages for personal injury claims, nor do they seek diminution in value damages. Plaintiffs allege the City of Fresno is responsible for certain economic losses suffered under civil claims of negligence, nuisance, breach of contracts, and breach of implied warranties, including the cost of replumbing Plaintiffs’ and Class Member homes, reimbursement of the cost of discolored, corrosive water, pre/post judgment interest, and attorney’s fees and litigation costs. The Plaintiffs in the lawsuit allege that the City of Fresno’s water prematurely corroded and destroyed the galvanized iron plumbing in Northeast Fresno area residents’ homes, resulting in their receipt of discolored, “rusty” water. City of Fresno, Fresno County Superior Court Case Number 16CECG02937. The Fresno County Superior Court approved this Notice to inform potential Class Members of a consolidated class action lawsuit. Para una notificación en español, visite What Is This Lawsuit About? If you own or owned residential, single-family real property within the City of Fresno’s Discolored Water Investigation Area anytime between January 1, 2016, and August 2, 2021, a class action lawsuit may affect your rights.