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Felker, et al. v. JRK Residential Group, Inc., et al.

Case Number: SCV-267587

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA

CLASS MEMBERS: Click HERE to log-in with the Notice ID shown on your e-mail or postcard settlement notice to select a method to receive your settlement payment, for more information and to submit a claim (if applicable).

A settlement (the “Settlement”) has been reached with JRK Residential Group, Inc. and JRK Property Holdings, Inc. (“Defendants”) in a class action lawsuit. The lawsuit alleges that Defendants violated California law by: (1) charging fees for late payment of rent; (2) charging fees for not having renter’s liability insurance; (3) charging excessive rent after 2017-2019 wildfire emergency proclamations (in Los Angeles, Sonoma and Ventura Counties); and (4) charging excessive rent under the California Tenant Protection Act.  The lawsuit is pending in the Superior Court of The State of California, County of Sonoma (“the Court”).  Defendants deny any wrongdoing and insist their practices were lawful.

 

The following California apartment communities are part of the lawsuit (collectively “JRK California Apartments”):

 

  • The Arbors at California Oaks (Murrieta)
  • Cascades Apartments (Fresno)
  • Crown Point Apartments (Fresno)
  • Diamond Hillside Apartments (Pittsburg)
  • Dominion Heights Apartments (Fresno)
  • Duo Apartments (San Jose)
  • The Grove Luxury Apartments / Vineyard / Enclave (Petaluma)
  • The Harrison Glendale (Glendale)
  • Montage at Fair Oaks Apartments (Citrus Heights)
  • Parkside Glen Apartment Homes (San Jose)
  • Rancho Solana (Oxnard)
  • Serenade at River Park (Oxnard)
  • Somerset Glen Senior Apartments (La Mirada)
  • Terraces at Highland Reserve Luxury Apartments (Roseville).

 

There are four groups of “Class Members”:

 

  1. Late Fee Class: All tenants whose leases for JRK California Apartments provide for a late rent charge and who were charged that late charge on a net basis, from December 22, 2016 through June 27, 2024;

  2. RINCO (Renter’s Insurance Compliance) Class: All tenants whose leases for JRK California Apartments provide for a fee for a missing renter’s liability insurance policy and who were charged that fee on a net basis, from December 22, 2016 through June 27, 2024;

  3. Section 396 Class: All tenants with initial lease terms of no longer than one year who were charged rental price increases of more than 10 percent for JRK California Apartments in Los Angeles, Sonoma or Ventura Counties during Wildfire Section 396 Protection Periods in those counties

    1. For Los Angeles County, the Wildfire Section 396 Protection Periods are: September 3 to October 3, 2017, December 5, 2017 to January 4, 2018, November 9, 2018 to November 8, 2019 and October 11, 2019 to December 31, 2021.

    2.  For Sonoma County, the Wildfire Section 396 Protection Period is: October 9, 2017 to December 31, 2021.

    3. For Ventura County, the Wildfire Section 396 Protection Period is: December 5, 2017 to December 31, 2021.

    4.  Excluded from this class are tenants of The Harrison Glendale; and

  4. Tenant Protection Act (“TPA”) Class: All tenants who on January 1, 2020, or thereafter through June 27, 2024, were charged rent increases based on gross rental rates excluding discounts, incentives, concessions or credits for JRK California Apartments that exceeded Rental Rate Caps under the TPA.

    1.  Excluded from this class are tenants of Parkside Glen Apartment Homes, Somerset Glen Senior Apartments, The Harrison Glendale, and Duo Apartments, as these properties are exempt under the statute.

    2. Also excluded from this class are tenants of Serenade at RiverPark whose rent increased in Excess of the Rental Rate Caps before the relevant dates below:

      • November 15, 2022 for tenants at 702 Forest Park Blvd.;

      • November 28, 2022 for tenants at 712, 762 and 772 Forest Park Blvd.;

      • December 14, 2022 for tenants at 708 Forest Park Blvd.;

      • February 27, 2023 for tenants at 768 Forest Park Blvd.;

      • April 4, 2023 for tenants at 758 Forest Park Blvd.;

      • April 17, 2023 for tenants at 752 Forest Park Blvd.;

      • May 1, 2023 for tenants at 722 Forest Park Blvd.;

      • June 5, 2023 for tenants at 718 Forest Park Blvd.;

      • June 26, 2023 for tenants at 748 Forest Park Blvd.;

      • July 9, 2023 for tenants at 742 Forest Park Blvd.;

      • July 17, 2023 for tenants at 732 Forest Park Blvd.; and

      • July 22, 2023 for tenants at 728 Forest Park Blvd.

If you received a settlement notice by e-mail or postcard, records show that you are a member of one or more Class Member groups. Click HERE to log-in with the Class ID shown on your notice for more information.

Legal Rights and Options of Class Members in this Lawsuit:

By doing nothing, you will be included in the Settlement. You will receive a payment amount estimated in the Notice and you will give up your rights to sue in a separate lawsuit for the claims made in this class action. Click HERE to select the method that you want to receive your payment.

FAQs for Class Members

Class Members click HERE to log-in with the Class ID shown on your e-mail or postcard notice to select the method to receive your settlement payment, for more information and to submit a claim (if applicable).

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Documents

Stay informed. Here you can view the important Court documents for this Settlement.

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  • The Settlement provides for payments to Class Members who, according to Defendants’ records, were charged in one of the categories above. The estimated amount of your potential payment is shown in the e-mail and postcard notices that Class Members received. Click HERE to log-in for more information.
  • Further, as part of the Settlement, Defendants agree: (1) for a period of two years starting from the date that the Court preliminarily approves the Settlement, they will not charge fees for late payment of rent to any resident residing at the JRK California Apartments as of the date of preliminary settlement approval; and (2) for a period of seven years starting from the date that the Court preliminarily approves the settlement, they will not charge fees for failure to maintain renter’s liability insurance to any resident residing at the JRK California Apartments as of the date of preliminary approval.
  • Defendants also agree to instruct its debt collectors to cease all collections efforts for all debts of current and former residents of JRK California Apartments who were sent to collections from January 1, 2017 to December 31, 2021 and will instruct their debt collectors to request that credit reporting agencies delete all associated tradelines.
  • "Collection Class Members," who are Class Members in collections for unpaid balances related to the JRK California Apartments and were sent to collections from January 1, 2022 to June 27, 2024, are eligible for an additional $50.00 payment if they submit a claim by the deadline shown below. If the e-mail or postcard notice you received indicates that you are a Collection Class Member, click HERE for more information and to submit a claim.

Important Dates

Claim Deadline for Collection Class Members Only

If you have been identified as a Collection Class Member, submit your claim for additional payment on or before this date. Collection Class Members, click HERE to submit a claim or for more information.
Jun202026
Jun202026

Exclusion Deadline for All Class Members

If you want to exclude yourself from the Settlement, submit an exclusion on or before this date. See FAQ#14 for instructions.

Objection Deadline for All Class Members

If you want to object to the Settlement, submit an objection on or before this date. See FAQ#13 for instructions.
Jun202026
Aug1920263:00pm

Final Approval Hearing

Superior Court of California, County of Sonoma