Lucero v. Valex Corp.

Plaintiffs in the Consumer Action filed two class action lawsuits alleging claims stemming from a data breach suffered by Valex on or around June 30, 2021, and July 1, 2021.  Both Actions allege claims related to the data breach for negligence, negligence per se, declaratory judgment, common law invasion of privacy, violation of the California Consumer Privacy Act, Cal. Civ. Code § 1798.150, the California Customer Records Act, Cal. Civ. Code § 1798.80 et seq., violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., and for invasion of privacy based on the California Constitution, Art. 1, § 1.

Defendant denies any wrongdoing and any liability whatsoever.

The Parties have concluded that it is in their best interests to settle the Consumer Action on the terms generally set forth herein in order to avoid expense, inconvenience, risk of negative outcome, and interference with ongoing business operations.

Judge Ronda J. McKaig the Ventura Superior Court has determined that the Consumer Action should proceed as a class action, for purposes of settlement only, with Plaintiffs as the representatives of the Class, and has granted preliminary approval of the settlement, subject to a final fairness hearing discussed below.
 

If the Court approves the proposed settlement, it will enter a Judgment pursuant to California Rule of Court 3.769(h).  All Class Members who do not validly and timely request to be excluded from the proposed settlement, and each of their respective successors, assigns, legatees, heirs, and personal representatives shall release and forever discharge Defendant and each of Defendant’s parent, sister and subsidiary corporations, affiliated entities, predecessors, successors and assigns, partners, licensors, privies, and any of their present and former directors, officers, employees, shareholders, agents, representatives, attorneys, accountants, insurers, and all persons acting by, through, under or in concert with them, or any of them, from any and all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, losses, costs, expenses, and attorneys’ fees, of any nature whatsoever, known or unknown, in law or equity, fixed or contingent, which they have or may have arising out of or relating to any of the acts, omissions or other conduct that have or could have been alleged or otherwise referred to in the Action including, but not limited to, any and all violations of that statutory and common law claims for negligence, negligence per se, declaratory judgment, common law invasion of privacy, violation of the California Consumer Privacy Act, Cal. Civ. Code § 1798.150, the California Customer Records Act, Cal. Civ. Code § 1798.80 et seq., violation of the California Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq., and for invasion of privacy based on the California Constitution, Art. 1, § 1, based on the facts alleged in the Action. (hereinafter “Released Claims”).

Defendant has modified its data security practices regarding consumer data, though denies that such modifications were necessary to comply with California law. Defendant has agreed to provide cash benefits and two years of credit monitoring to those individuals who complete a Claim Form. Individuals who have suffered ordinary losses may make a claim for up to $350.  Individuals who have suffered lost time may submit a claim for up to $60. Individuals who have suffered extraordinary losses, defined as identity theft, fraud, or likely criminal victimization, may submit a claim up to $5,000.

The Claim Form  is available at this website and must be submitted to the Claims Administrator before November 7, 2023. Class members who lack internet access may contact Plaintiffs’ counsel using the information set forth below for assistance in processing a claim.

Subject to Court approval, Class Representatives and named plaintiffs Jeremy Lucero and Everardo Martinez (“Class Representatives”) will each be paid an enhancement of up to $5,000 for their services as Class Representatives and their efforts in bringing the Consumer Action, and the attorneys for the Class (“Class Counsel”) will be paid up to $175,000 for their attorneys’ fees and reimbursement of costs.  The final decision regarding the amount of attorneys’ fees, costs, and enhancements that will be paid to Class Counsel and the Class Representatives are subject to the discretion of the Court and the Court’s approval.  Payment of attorneys’ fees, costs, or enhancement will not affect the benefits provided to the Class.
 

You must complete the online Claim Form  and click “submit” to submit your completed Claim Form to the third-party Claims Administrator no later than November 7, 2023.  If you lack internet access you may contact Plaintiffs’ counsel for assistance in processing your form using Plaintiffs’ counsel’s contact information set forth below.  If you do not submit a valid and timely Claim Form, you shall receive no benefits under the settlement, but you will still be bound by the settlement unless you exclude yourself.  The date of delivery of a claim form is deemed to be the date of the online submission of the form to the Claims Administrator.

You have the right to exclude yourself from the Class and the settlement.  To exclude yourself from the Class, you must send a letter by U.S. Mail saying that you wish to do so.  The Request for Exclusion must state: 

“I request that I be excluded from the Settlement in Lucero v. Valex Corp., Ventura Superior Court Case No. 56-2022-00570847.  I understand that by requesting to be excluded from the Class, I will not receive any benefits under the Settlement.”

You must include: (1) the name of this Action (“Lucero v. Valex Corp.”); (2) your full name, current address, and telephone number; (3) your signature; and (4) the words “Request for Exclusion” at the top of the document.  You must postmark your exclusion request to the address below no later than September 23, 2023:

Lucero v. Valex Corp Settlement Administrator
ATTN: Exclusions
PO Box 58220
Philadelphia, PA 19102

REQUESTS FOR EXCLUSION THAT ARE NOT POSTMARKED ON OR BEFORE SEPTEMBER 23, 2023, WILL NOT BE HONORED.

You cannot exclude yourself by telephone or by email.  You cannot exclude yourself by mailing a request to any other location or after the September 23, 2023, deadline.  The letter must be signed by you.  You cannot exclude yourself by having an actual or purported agent or attorney acting on behalf of you or a group of Class Members sign the letter.

If you timely and validly request exclusion from the Class, you will be excluded from the Class, you will not be bound by the judgment entered in the Consumer Action, and you will not be precluded from otherwise prosecuting any individual claim, if timely, against Defendant based on the conduct complained of in the Consumer Action.

If you are a Class Member, you can object to the proposed settlement if you do not think the proposed settlement is fair, reasonable, or adequate. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter stating that you object to the proposed settlement. Be sure to include (1) the name of this Action (“Lucero v. Valex Corp.”); (2) your full name, current address, and telephone number; (3) your signature; (4) the word “Objection” at the top of the document; and (5) the legal and factual arguments supporting the objection.

Mail your Objection to the following place, postmarked no later than September 23, 2023:

Lucero v. Valex Corp Settlement Administrator
ATTN: Objections
PO Box 58220
Philadelphia, PA 19102

If your objection is rejected, you will be bound by the final judgment just as if you had not objected.

You may, but need not, enter an appearance through counsel of your choice. If you do, you will be responsible for your own personal attorneys’ fees and costs.

On October 6, 2023, at 8:20 a.m. PT a hearing will be held on the fairness of the proposed settlement.  At the hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement. The hearing will take place before Judge Ronda McKaig in Department 41 of the Ventura County Superior Court, located at 800 South Victoria, Ventura, CA 93009.

You do not have to attend the hearing.  Class Counsel will answer questions the Court may have.  You are welcome, however, to come at your own expense.  If you submit a written objection, you do not have to come to Court to talk about it.  As long as you submitted your written objection on time, the Court will consider it.  You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must send a letter stating you intend to appear at the Fairness Hearing.  Be sure to include (1) the name of the Consumer Action (“Lucero v. Valex Corp.”); (2) your full name, current address, and telephone number; (3) your signature; (4) the words “Notice of Intention to Appear” at the top of the document; (5) the points you wish to speak about at the Fairness Hearing; and (6) the identity (name, address, and telephone number) of any lawyer who will speak on your behalf at the Fairness Hearing.

Please send your Notice of Intention to Appear to the Settlement Administrator at the address contained above postmark it by September 23, 2023.  

You cannot speak at the hearing if you have excluded yourself from the settlement.

This description of the Consumer 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 Ventura County Superior Court, located at 800 South Victoria Ave., Ventura, California 93009.  The Clerk will make the file relating to this lawsuit available to you for inspection and copying at your own expense.

For further information, you may also contact Plaintiff’s counsel, Jason Wucetich, at Wucetich & Korovilas LLP, 222 N. Sepulveda Blvd., Ste. 2000, El Segundo, CA 90245, (310) 335-2001.

DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT OR THE LITIGATION TO THE CLERK OF THE COURT OR TO THE JUDGE.