NOTICE OF CLASS ACTION AND
PROPOSED SETTLEMENT
TO: ALL PERSONS WHO PURCHASED OR RECEIVED ON OR AFTER JANUARY 1, 1997, A WESTRIDGE GOLF CLUB LLC GIFT CERTIFICATE WITH AN EXPIRATION DATE THAT REMAINS UNREDEEMED
IF YOU ARE A
MEMBER OF THIS CLASS OF PERSONS, YOU SHOULD READ THIS NOTICE CAREFULLY BECAUSE
IT WILL AFFECT YOUR RIGHTS.
There is now pending in the Orange County Superior Court an action entitled Moran et al. v. Westridge Golf Club, LLC., Case Number 02CC00159 (the “Moran Action”.)
The plaintiff in the Moran Action
filed a class action lawsuit against Westridge Golf Club, LLC. (“Westridge”) on behalf of
the Class described above. The
lawsuit alleges that Westridge sold gift certificates in
While Westridge denies any wrongdoing and any liability whatsoever, it concluded it is in its best interests to settle the Moran Action on the terms generally set forth herein in order to avoid expense, inconvenience, and interference with ongoing business operations.
The parties have negotiated a proposed settlement. The Orange County Superior Court has determined that the Moran Action should proceed as a Class Action for purposes of settlement only, with plaintiff as the representatives of the Class, and granted preliminary approval of the settlement, subject to a final fairness hearing discussed below.
This notice explains the nature of the lawsuit and the general terms of the settlement, and informs you of your legal rights and obligations.
THE PARTIES HAVE AGREED TO THE SETTLEMENT GENERALLY DESCRIBED BELOW. IF THE SETTLEMENT IS FINALLY APPROVED, YOU MAY BE ELEGIBLE TO RECEIVE THE FOLLOWING BENEFITS:
Westridge has already stopped
selling and has agreed not to resume selling gift certificates containing an
expiration date or other terms of expiration.
While it has already been doing so, Westridge has also agreed to
continue honoring all unredeemed Westridge gift certificates sold in
Upon the expiration of the time period for members of the Class to make claims, Westridge agreed to remit the balance of the claims fund to the charitable organization The Los Angeles Coalition to End Hunger and Homelessness.
If you have a gift certificate with an expiration date, you may redeem it, exchange it, or receive a cash refund at Westridge Golf Club. If you have discarded an expired gift certificate, you must submit a pre-printed Claim Form along with the required documentation. In order to obtain a Claim Form, visit Westridge Golf Club. Instructions for making your claim are listed on the Claim Form. All claims must be made within twenty-four months after the Court grants final approval of the settlement. Claims submitted after the claims period will not be honored.
If the Court approves the proposed settlement, it will enter a judgment that will dismiss the Moran Action on the merits and with prejudice as to all Class Members. All Class Members who do not validly and timely request to be excluded from the proposed settlement by filing the appropriate exclusion request with Class Counsel shall be forever barred from prosecuting their own lawsuits and shall be deemed to have released the Defendant and all other persons from all claims, causes of action or losses of any kind whatsoever which any Class Member has or may claim to have against such persons which are based upon, arising out of, or in any way relating to any of the acts, omissions or other conduct that has been alleged or otherwise referred to in the Moran Action.
Defendant has agreed to pay class
counsel’s reasonable attorneys’ fees, litigation expenses, and court costs in
an amount to be agreed upon after the entry of preliminary approval or, if the
parties cannot agree upon an amount, in an amount to be determined by the Court
upon motion to be filed by class counsel.
Payment of attorneys’ fees, court costs, and litigation expenses will
not affect the benefits provided to the Settlement Class.
On
1. You have the right to exclude
yourself from the Moran Action and the settlement. If you wish to be excluded from the
Settlement Class, you must submit a letter or postcard post-marked no later
than
Neil B. Fineman, Esq.
FINEMAN & ASSOCIATES
501 Civic Center Drive West
If you timely and validly request exclusion from the Settlement Class, you will be excluded from the Settlement Class; you will not be bound by the judgment entered in the Moran Action and you will not be precluded from otherwise prosecuting any individual claim, if timely, against the Defendant based on the transactions complained of in the Moran Action. Unless you plan to bring your own lawsuit, there is no benefit to excluding yourself.
2.
If you do not wish to exclude yourself, and have no objection to the
settlement, you will get the benefits of the settlement if the settlement is
approved.
3. If you do object to the settlement, but do not wish to exclude yourself from the Class Action, you may intervene in the Moran Action and/or object to the terms of the settlement under the procedures set forth below. If your objection is rejected you will be bound by the final judgment just as if you had not objected. If you have not timely and validly requested exclusion, you may appear at the hearing scheduled on June 19, 2003, to show why the settlement should not be approved by the Court, provided that you have, by June 5, 2003, filed with the Court a written notice of your intention to appear, all supporting papers, and a statement under penalty of perjury that you are in fact a member of the Settlement Class, and have served such notice and papers upon Class counsel and Defendant’s counsel at the following addresses:
Neil B. Fineman, Esq. David E. Lederman, Esq.
FINEMAN & ASSOCIATES GREENBERG GLUSKERS FIELDS CLAMAN
501 Civic
To be considered, the notice and
papers must be received by the Court and delivered or post-marked to Class
counsel and Defendant’s counsel no later than
CLASS MEMBERS WHO DO NOT TIMELY MAKE THEIR OBJECTIONS IN THIS MANNER WILL BE DEEMED TO HAVE WAIVED ALL OBJECTIONS AND SHALL NOT BE ENTITLED TO BE HEARD AT THE SETTLEMTN APPROVAL HEARINGS. You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your personal attorney’s fees and costs.
This description of the Moran
Action is general and does not cover all of the issues and proceedings thus
far. In order to see the complete file
including the individual terms of the settlement, you should visit the office
of the Clerk of the Court in Department CX102 of the Orange County Superior
Court, located at
DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE. They are not permitted to answer your questions.
JONATHAN H. CANNON
Dated:
Honorable Judge of the Superior Court