Casey Gerry, Capretz & Associates Announce Class
Action Certification in Lawsuit Against City of Chula
Class Action Could Impact Thousands of Chula Vista Residents
Chula Vista, Sep 18, 2012 -- SAN DIEGO (September 18, 2012) – Enabling more
than 100,000 Chula Vista residents who paid an unlawful telephone users tax (TUTs)
on their mobile phone service to have their claims addressed in one lawsuit, San
Diego Superior Court judge Richard E.L. Strauss has certified as a class action a tax
refund case brought against the City. The case is now set to go to trial January 18,
Last year, San Diego-based Casey Gerry and Newport Beach-based Capretz &
Associates joined forces to file the lawsuit against Chula Vista, which demanded
restitution as a result of the continued collection of the controversial tax.
The lawsuit, which alleges that for years the City of Chula Vista has illegally levied a
tax on residents' mobile phone services, was filed on behalf of all those who had been
forced to pay the tax. "In certifying the case as a class action, Judge Strauss rejected
the City's argument that the tax can be refunded only if each individual taxpayer files
a separate refund claim with the City," Casey Gerry attorney Jeremy Robinson said.
"Instead, the judge ruled all people who have paid the tax can proceed collectively."
According to Robinson, Chula Vista taxpayers are entitled to a refund of TUTs
improperly collected for the maximum period permissible, along with the legal rate
of interest. "This is an important case that could ultimately allow thousands of Chula
Vista residents to seek millions in refunds," he added.
The controversy stems from a tax introduced in 1970 and levied on users of
telephones, electricity and other utilities. Chula Vista tried to modernize the tax two
years ago via Proposition H, which was defeated by voters. Many taxpayers are
unaware that they pay the tax on their mobile phone service, as it is automatically
added to monthly charges and embedded in detailed billing statements.
The City of Chula Vista has fought the legality of the lawsuit, but efforts to dismiss
the case have been denied.
A notice will eventually be sent to potential class members. In the meantime,
interested Chula Vista residents may call Casey Gerry at (619) 238-1811.
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About Casey Gerry
San Diego's oldest plaintiff's law firm, Casey Gerry was founded in 1947, and since
then has worked to help recover hundreds of millions of dollars for families and
individuals who have suffered serious injury or lost loved ones. The firm's 13
attorneys practice in numerous areas, including asbestos, personal injury, product
liability and pharmaceutical litigation. Located at 110 Laurel St. in the Banker's Hill
neighborhood of San Diego, the firm also has a satellite office in Carlsbad, Calif. For
more information, call (619) 238-1811 or visit the website at www.caseygerry.com.
About Capretz & Associates
James T. Capretz is the principal of the Newport Beach law firm of Capretz &
Associates, a firm that emphasizes complex civil and multidistrict litigation in its
practice. He is consistently listed in the Martindale-Hubbell Bar Registry of
Preeminent Lawyers. He was the only attorney in private practice named in the initial
publication of the top 50 most influential business people in Orange County by the
Orange County Business Journal. He has served as Special Counsel in the seminal
national product liability class action entitled Bowling vs. Pfizer, et al. in federal
district court in Cincinnati, Ohio since 1992 and he has held positions of
responsibility in several other federal class action lawsuits across the United States.
He is a charter member of the prestigious Santa Monica-Base RAND Institute for the
Civil Justice, So Cal 50 Executive Committee. His contact number is 949-724-3000
and website is www.capretz.com.
Sydnie Moore (619) 823-8448 email@example.com
Name: Sydnie Moore
Company: Casey Gerry
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