Frequently Asked Questions

A Court authorized this website to inform you that this class action may affect your rights. Receiving Notice of this class action does not necessarily mean that you are a class member or that you are entitled to compensation.

In these lawsuits, the plaintiffs allege that the City’s water rates violate Proposition 218, which requires that rates be no more than the cost of service. Specifically, both lawsuits assert that the City uniformly and improperly charged Plaintiffs and class members for public fire protection. Plaintiffs seek damages, declaratory, injunctive, and mandamus relief. The City denies that the water rates violate Proposition 218, that it owes any amount, or that it damaged any of the class members in any way. The Court has not made any decision about who is right or wrong in the lawsuit, or who will win at trial. This Notice does not express any opinion of the Court as to the merits of any claim. 

You can find additional information about the claims in the class action complaints, and in the orders certifying classes, both which are available at this website.

The case is pending in the following Court:

 Superior Court of the State of California, County of San Francisco

Proposition 218 is a voter approved amendment to California’s Constitution that limits property related fees and assessments including fees for water service.

In a class action, one person or persons called the “Plaintiffs” sue on behalf of themselves and other people with similar claims. All of the people within the classes certified by the Court are class members, except for those who exclude themselves from the class, among others.

The Court certified the following classes:

The class members in Toy are all persons and entities who were retail water customers of the City at any time from October 18, 2019, through June 30, 2023, and who were billed for charges first due on or after October 18, 2019, at the residential rates established by San Francisco Public Utilities Commission Resolution 18-0053.

The class members in Aquilina are all persons and entities who, are, were, or become retail water customers of the City at any time on or after July 1, 2023, billed at residential rates established by Public Utilities Commission Resolution 23-0103.

If you have any questions about whether you are a class member, please contact Plaintiffs’ attorneys, whose contact information is listed in FAQ 9.

You may exclude yourself from this class action - in which case you will not receive any payment as a result of this class action if money becomes available. You have two options to exclude yourself from the class. First, you may mail a written request for exclusion to the class administrator, at Toy v. San Francisco, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391, postmarked by December 27, 2024.

You must include in your request for exclusion your:

• Full name;
•  Address; 
• Your San Francisco Public Utility Commission account number or numbers if you know them, and
• A clear and unambiguous statement that you want to be excluded from these cases, such as “I request to be excluded from the class in Toy, et al. v. City and County of San Francisco and Aquilina, et al. v. City and County of San Francisco.”  If you want to be excluded from only one of the class actions, clearly state which one.

You must sign your request personally. If any person signs on your behalf, that person must attach a copy of a power of attorney authorizing his or his signature.

Alternatively, you may go to the opt-out section of this website and fill out the opt-out form.

No. Unless you exclude yourself, you give up the right to sue Defendants. You must exclude yourself from this class action in order to pursue your own lawsuit against Defendants. 

If you exclude yourself, you give up the possibility of receiving any money resulting from this class action. You will, upon being excluded from the class, not be bound by any orders or judgments that the Court issues in connection with this class action. If you plan to exclude yourself and file an individual action against Defendants, you will have to find and hire your own lawyer, if you want a lawyer to represent you. You will also have to independently prove your claims.

The Court has appointed the following lawyers as “Plaintiffs’ counsel” to represent all members of the class.

Driscoll & Omens
PO Box 6596
Albany, CA 94706

You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense.

If you are a class member, and you do nothing, you will remain in the class and preserve the possibility of receiving money as a result of this class action. Additionally, if you are a class member, and do nothing, you will give up your right to file (at your own expense), or proceed with, an individual action on your own behalf against Defendants for the claims at issue in this class action. You will also be bound by all orders and judgments that the Court issues in connection with this class action.

You may review all documents filed with the Court at the Superior Court of the State of California, County of San Francisco. In addition, pertinent documents are available at this website. If you would like additional information about this class action, please contact Plaintiffs’ attorneys. Please do not call the judge about this class action. Neither he, nor any Court personnel, will be able to give you advice about this class action. Furthermore, because neither Defendants nor Defendants’ attorneys represent you, they cannot give you legal advice about this class action.

To update your contact information, you may contact the notice administrator toll-free at (833) 739-3316 or by mail to:

Toy v. San Fransisco
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391