Class Action Lawsuits
Pevlando v. Public Storage (case no. 8-cv-026) is a class action lawsuit (as the “suit” above) filed against Public Storage in the Superior Court of California, for the County of Los Angeles (“the Court”). The case was filed on behalf of the “John Doe” and “Jane Doe” as members of the class who were victims of fraud by Public Storage. The lawsuit further claims that Public Storage intentionally marketed a “self-insured” insurance plan for its self-storage customers but was unaware that such plans existed and never intended to enforce this policy with any consumers. The lawsuit further claims that the defendants deliberately deceived the public by failing to disclose this policy at the time that the policies were initially sold to the class members.
Class Action Lawsuit Against Public Storage
The lawsuit further claims that the defendants violated the statutory warranty and California law by failing to provide the class with the right to sue independently for this claim. The statutory warranty protects the customers from the “deficiencies” that may arise from purchasing the self-storage insurance. Public Storage further claims that it was unaware of the existence of a statutory warranty when it sold the insurance plan to the customers. The Court found no support for these claims and dismissed the case. In dismissing the case, the Court cited that the statute of limitations on this type of damages for “deficiency” was 10 years.
Pevlando v. Public Storage, LLC is not an isolated incident.
Public Storage has been the subject of a class action lawsuit in California regarding its failure to provide the appropriate self-storage insurance to its customers. The fact that the insurance policy failed to exist was an obvious possibility because this shipping firm was not licensed to do business in California. As you can see there are many reasons why the public storage industry is the target of a lawsuit such as this one.
There is good news. If you wish to remain in the lawsuit, you have the right to sue individually for the same legal claim at issue in this lawsuit. You must understand that there are two class action lawsuits that are being consolidated against the defendant. Your lawsuit must seek an award that is consistent with the actual damages that you seek. The defendant will be held responsible for expenses such as lawyers’ fees, unless your lawsuit is resolved prior to the consolidation of the multiple lawsuits. The right to sue separately for the same legal claim at issue in this lawsuit is called an “interslock” agreement.
This type of agreement is commonly referred to as a class certification.
When you sign this class certification, the defendant acknowledges that he or she is willing to settle the claim through a consolidation of multiple lawsuits. If you file a lawsuit on your own, you are giving up your right to sue independently for the same legal claim at issue in this lawsuit.
To obtain class certification, you must show that a large number of other plaintiffs have been able to successfully sue the defendant and have received settlements.
You must also show that the defendant has a history of avoiding or neglecting to comply with the requirements of the statute. You and your attorney must jointly file a complaint with the court describing the facts of your case. The complaint should include a description of the facts of the case, a detailed overview of the parties, a list of all discovery that has been received, and a statement describing the relationship of the case to similar cases that have previously been resolved. The class certification will become part of the final judgment, if your complaint is found to be legally sufficient by the court.
After filing your complaint, you and your attorney will have to decide whether the case will proceed as a class action.
If you decide to pursue such a lawsuit, you will be advised by your attorney to set up a Multi Plaintion Class Action Lawsuit. Essentially, one class would represent all of the people who have signed the lawsuit and who are seeking compensation from the defendant. Alternatively, if you have decided to file your lawsuit as a class, you will be advised to select a plaintiff from among the people who have signed the complaint. The attorneys for both class action plaintiffs and class action defendants will work together in preparing the complaint, filing it in the appropriate court, and serving it on the defendant. (Plaintiffs often prefer to represent themselves and handle their own legal representation; however, if the case proceeds to trial, class action attorneys are often helpful because they will be familiar with the process.)
If the trial proceeds to trial, the plaintiff and his or her attorney will have to plan a strategy to prove the defendant was aware of the danger of storing asbestos. (It is not a legal requirement that a public storage facility have been found to be in violation of the Clean Air Act.) In many class action lawsuits, the defendant’s insurance carrier will be called upon to provide evidence of insurance coverage, and the insurance company will need to be called as a witness at trial. (Plaintiffs must request that their lawyers give them this testimony.)