2023CUBT011481 VANE, ET AL. vs OJAI VALLEY SANITARY DISTRICT
7/27/2023
The Court mailed a true copy of the Minute Order (Court Order Re Case Management Conference and Order to Show Cause) to Jon Evan Drucker
7/27/2023
The Court, having review this matter, schedules a Case Management Conference for October 27, 2023 at 8:30 a.m. in Department 40, Hall of Justice.
The Court also schedules an Order to Show Cause Re Why Action Should Not Be Deemed Complex for October 27, 2023 at 8:30 a.m.
The Court requires that the parties file a Case Management Conference Statement setting forth the following:
1. A brief summary of the case;
2. All anticipated discovery and estimated completion dates;
3. If monetary damages are sought, the estimated amount of such damages;
4. Whether or not a document repository will be required;
5. The estimated date by which all parties will be brought in;
6. The estimated date by which the case will be "at issue";
7. Estimated dates by which site inspections and destructive testing, if any, are to be accomplished;
8. The need for appointment of discovery referee and/or mediators;
9. Any other information the parties believe will be of use to the court in this conference.
The Case Management Statement must be filed with the court at least 5 calendar days prior to the
hearing date
7/20/2023
The "SUMMARY OF ALLEGATIONS" section outlines a class-action lawsuit brought by the plaintiffs, Richard Vane (trustee of the Vane Family Trust) and Kimberly McLin (trustee of the Kimberly K. McLin Trust), on behalf of all similarly situated customers (past, present, and future) of the Ojai Valley Sanitary District (OVSD).
The key allegations are:
- OVSD wrongly charges customers for the accessory dwelling units (ADUs) on their properties.
- OVSD's treatment of ADUs is governed by California Government Code §§ 65852.150 and 65852.2(l)(5), which OVSD has violated.
- Despite these statutes, OVSD has billed ADU owners with lateral connections as if they are making new and separate connections to OVSD's main sewer lines.
- OVSD unlawfully levies high "capacity charges," often around $10,000, contradicting the state's policy of encouraging the construction of ADUs to address the housing shortage crisis.
- In violation of California law, OVSD charges ADU owners undue "service fees" as though the ADUs are new single-family homes. However, ADUs are explicitly exempted by state law from being considered "new" or "single-family" dwellings. These "sewer service" fees conflict with public policy to encourage the construction of ADUs to alleviate the state housing crisis.
The plaintiffs are seeking compensatory damages, equitable relief, injunction, and declaratory relief.
7/20/2023
The OVSD is served a notice.
7/20/2023
Case is assigned to: Mark S. Borrell Department: 40
MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to FileProof of Service/Default
1/19/2024 8:15am Event Department 22B
Each party must file a Case Management Statement no later than 15 calendar days prior to the hearing and serve it on all parties.
Telephonic appearance at the Case Management Conference is permitted.
7/20/2023
Filled by the Law Offices of Jon E. Drucker
Remedies sought: Monetary, Non-Monetary, Declaratory or Injunctive Relief
Number of Causes of Action: 3
The Case is a Class Action
7/20/2023
Updated -- Summons on Complaint:
Name Extension changed from on Complaint to on Complaint
