Komesar v. City of Pasadena
Los Angeles County Superior Court, Case No. BC 677632

Welcome to the Komesar v. City of Pasadena Notice Website

WHAT IS THIS LAWSUIT ABOUT?

This lawsuit is a class action brought by Plaintiff Eve Komesar against the City of Pasadena.

Plaintiff claims that the City of Pasadena has violated, and continues to violate, California Constitution article XIII C, section 2, subdivision (b) (“Proposition 218”) by imposing fees and charges for its electric utility service that exceed the cost of providing that service, without voter approval.  In particular, she alleges that the City of Pasadena designs its electric rates to generate funding for the City of Pasadena’s annual transfers of money from its light and power fund to its general fund pursuant to Pasadena City Charter, article XIV, sections 1407-1408; and that this practice, in the absence of voter approval, violates Proposition 218.  Amongst other relief, she seeks a refund of all amounts charged that exceed the City of Pasadena’s reasonable cost of providing electric service. 

The City of Pasadena denies any wrongdoing.  It contends that its fees and charges for electric utility service do not exceed the reasonable cost of providing that service.  In particular, it claims that Pasadena City Charter, article XIV, sections 1407-1408 authorize annual transfers of money from the light and power fund to the general fund; that these provisions were approved multiple times by Pasadena voters; and that accordingly, it may design its fees and charges for electric utility service in a manner that ensures the transfers are funded, without violating Proposition 218.  It has also asserted a number of procedural defenses that, if proven, could limit or prevent any refund.

For more information about Plaintiff’s claims and the City of Pasadena’s defenses, please review Plaintiff’s complaint and the City’s answer, which can be found on the Important Documents page.

 

WHO IS INCLUDED?

The Class includes all persons and entities that, from June 1, 2017 through October 29, 2019, were billed by Pasadena Water and Power for retail electric service provided under any rate schedule described in Title 13, Chapter 13.04 of the Pasadena Municipal Code. Any judges assigned to the case, as well as their immediate family members, are excluded from the Class.

According to Pasadena Water and Power’s records, you are a member of the Class, and unless you ask to be excluded from the Class, you will be bound by any decisions of the Court that determine the Class’ legal rights.

Your Legal Rights and Options

Option
 
Do Nothing – Remain in the Class You may choose to stay in the lawsuit by remaining in the Class.  If you remain in the Class, you will be represented by Plaintiff and her attorneys, you will be bound by any decisions of the Court that determine the Class’ legal rights, and you will receive any benefits that may result from a trial or settlement.  However, you will give up any right to sue the City of Pasadena separately on the legal claims in the case.

No action is required to remain in the Class.

Opt Out - Exclude Yourself from the Class

(Expired)

You may choose to opt out of the lawsuit by excluding yourself from the Class. If you exclude yourself from the Class, you will not be bound by any decisions of the Court that determine the Class’ legal rights, and you will not share in any benefits that may result from a trial or settlement. However, you will retain your right to sue the City of Pasadena separately on the legal claims in the case.

To exclude yourself from the Class, you must send a Request to Opt Out of Class Action form to the attorneys representing Plaintiff, no later than October 29, 2019. For more information, see FAQ 15.

If you are considering excluding yourself from the Class, please note that any legal claims you separately assert against the City of Pasadena may be time barred, which would prevent you from securing relief.

For More Information

Visit this website often to get the most up-to-date information.

Mail

Komesar v. City of Pasadena
c/o JND Legal Administration
PO Box 91209
Seattle, WA 98111