In a class action lawsuit, one or more individuals or entities called “Class Representatives” sue on behalf of other individuals or entities who have similar claims. That group of individuals or entities is a “class” made up of class members. The Class Representatives that sued here—and all the class members like them—are called the Plaintiffs. The individual or entity they sued are called the Defendant. Class members may choose to exclude themselves from the class.

On October 21, 2024 the Court certified a class that includes “All persons who currently own or have owned units to which Measure MM applies at any time from January 1, 2021, through the present, excluding all persons exempt from Measure MM and all affordable housing projects managed by a nonprofit with an operative regulatory agreement with the City of Berkeley through its Affordable Housing Trust Fund program.” 

Under this definition, you may be a class member if you are an owner of non-affordable-housing rental units in the City of Berkeley and paid Measure MM fees from January 1, 2021 to the present.  As set forth in detail in the home page, owners who only owned affordable-housing units or who owned units that are exempt from Measure MM are excluded from the class.

The lawsuit is pending in the Superior Court for the State of California in Alameda County before Judge Brad Seligman. A trial in this action is currently scheduled for December 15, 2025.

No money or benefits are available now because there has not been a trial and there is no settlement. There is no guarantee that money or benefits will ever be available to class members. If they do become available, a separate notice will be issued about how to submit a claim for potential money or benefits.

If you do nothing, you will be bound by the outcome of the lawsuit regardless of who wins. You will keep the possibility of getting money or benefits that may come from a trial or settlement. Unless you excluded yourself from the class, you will not be able to file a lawsuit or be part of any other lawsuit asserting claims against the Board related to the allegations or claims in this case. Once you are in the class, you will not be able to remove yourself from it.

If you exclude yourself from the Class by “opting out,” you will not be eligible to receive a payment from future settlements or judgments in this lawsuit. You will keep your right to sue the Board relating to the claims in this lawsuit. If you excluded yourself or opted out, you did not do so with respect to any injunction that the Court may enter in the lawsuit.

To exclude yourself or your business, you must send a letter by mail or email saying that you wish to be excluded. You must include your name, business name (if applicable), address, telephone number, email and signature, and a statement that you want to exclude yourself or your business from the class in this litigation. You cannot exclude yourself or your business by telephone. You must mail or email your request for exclusion, postmarked no later than March 15, 2025 to:

Berkeley Registration Fees Notice Administrator
c/o SSI, an Epiq Company
P.O. Box 2715
Portland, OR 97208-2715
Phone: 888-868-8642
Fax: 850-385-6008
Email: claims@ssiclaims.com
Website: www.berkeleyregistrationfees.com

Unless you exclude yourself or your business, you or your business will be bound by the outcome of the case. You will not be able to file a lawsuit or be part of any other lawsuit asserting claims against the Berkeley Rent Stabilization Board concerning or relating to the claims and factual allegations that were or could have been raised in this lawsuit.

The Court has appointed lawyers to represent you and the other class members. These lawyers are called “Class Counsel”. The following lawyers represent the class:

Frank Busch
Victor H. Yu
Coblentz Patch Duffy & Bass LLP
One Montgomery Street, Suite 3000
San Francisco, CA 94104-5500
Telephone: 415.391.4800
Email: ef-fhb@cpdb.com
ef-vhy@cpdb.com

If Plaintiffs prevail in the lawsuit, Class Counsel may ask the Court to approve attorney’s fees, which may be up to one-third of any recovery that may be obtained in this lawsuit, plus costs and expenses. They may will ask the Court to approve incentive payments to the named Plaintiff from any recovery that may be obtained in this lawsuit. Those fees, costs and awards must be approved by the Court.

You do not need to hire your own lawyer because Class Counsel are working on behalf of the class. If you choose to hire your own lawyer to represent you, you will have to pay for that lawyer on your own.

Class Counsel has hired Settlement Services, an Epiq Company to assist with the class notice process and to maintain this website for all class members. Updates regarding the case and the class notice process will be provided on this website and not by additional mailings to potential class members. This includes major developments in the case, supplemental information to be distributed to the class, and changes to dates the Court sets. Please check this website on a regular basis to see whether there are updates or new information.

The Notice contains a summary of the lawsuit and the proceedings. You may access additional information on this website. Complete copies of the pleadings, orders and other publicly filed documents in the lawsuit may be accessed for a fee through the Court’s eCourt Public Portal at https://eportal.alameda.courts.ca.gov/?q=Home. 

The Court and the Berkeley Rent Stabilization Board will not respond to any questions regarding this Notice of the lawsuit.  Please do not contact Judge Seligman, Department 22, or the Clerk of the Court, or the Berkeley Rent Stabilization Board.