Montalvo v. California Lutheran University,

All students who paid for tuition and Mandatory Fees to Defendant California Lutheran University (“CLU”) for the Spring 2020 semester. The Court has authorized this notice. This is not a solicitation from a lawyer.

PLEASE READ THIS NOTICE CAREFULLY

This Notice relates to a proposed settlement of this class action litigation. It has been authorized by the    Superior Court of the State of California in and for the County of Ventura. It contains important information as to your right to participate in the settlement or elect not to be included in the class. The following pages detail your options, your rights, and common questions or issues that Class Members ask about class action settlements. 

INTRODUCTION

Nicolas Montalvo (“Plaintiff”), a student of California Lutheran University (“CLU” or “Defendant”) during the Spring 2020 semester, commenced this action alleging breach of contract and quasi contract claims stemming from CLU’s transition to remote learning and services during the Spring 2020 Semester as a result of the Covid-19 Pandemic (“Covid-19”). The Court in charge of this case is the Superior Court of the State of California in and for the County of Ventura. The lawsuit is known as Montalvo v. California Lutheran Univ. (the “Lawsuit”).  Nicolas Montalvo is the Named Plaintiff, and CLU is the Defendant (together, the “Parties”). Plaintiff alleges in the Lawsuit that, among other things, CLU breached the terms of the contract entered into with Plaintiff and similarly situated individuals when CLU stopped providing in-person and on-campus educational services, as well as access to certain campus services and facilities on or about March 13, 2020 at the start of the Covid-19 Pandemic. Plaintiff sought, for himself and the Class members, a pro-rated refund of tuition and fees for the respective time that CLU switched to remote learning and services. 

CLU has defended and vigorously contested the claims in the Lawsuit. CLU has asserted numerous defenses and denies any and all liability and wrongdoing. The Parties have decided to settle the Lawsuit to avoid the expense, inconvenience, and distraction of litigation. Mediation with Hon. Suzanne H. Segal (Ret.) resulted in a proposal and resolution that was accepted by both Parties to resolve the claims in this action and would result in class-wide relief in exchange for a class-wide release of claims. The Court has not decided who is right and who is wrong or whether this case could, in the absence of settlement, proceed as a class action. 

The Parties have agreed to settle the Lawsuit subject to the approval of the Court via a signed Settlement Agreement and Release (referred to herein as “Settlement”). CLU has agreed to pay a maximum of Two Million Seven Hundred Fifty-Four Thousand Dollars ($2,754,000.00) to create a settlement fund that will provide compensation to Settlement Class Members, pay for notice and administration costs, provide for any approved service award to Plaintiff, and compensate the attorneys for any approved fees, costs, and expenses. The Parties have reached this Settlement through negotiations and mediation sessions and then presented it to the Court. As determined through that process, you are entitled to participate, and your legal rights may be affected. These rights and options are summarized below and explained in detail throughout this Notice.