Jimmy Walsh v. BP Products North America Inc. et al., Case No. C21-00119 IF YOU HAVE A GIFT CARD WITH A VALUE OF LESS THAN $10, YOU MAY REDEEM IT FOR CASH UNDER CALIFORNIA LAW
NOTICE OF GIFT CARD CLASS ACTION AND PROPOSED SETTLEMENT
A settlement was given preliminary court approval in a class action lawsuit pending in the Superior Court of California, County of Contra Costa (the “Court”), entitled Jimmy Walsh v. BP Products North America Inc. et al., Case No. C21-00119 (the “Action”) involving BP Products North America Inc. (“BP”). The Court authorized this notice.
WHAT IS THIS ABOUT?
The settlement will resolve a lawsuit on behalf of a Class in which the Plaintiff alleges that Arco-branded stations in certain California counties failed to redeem ARCO Pump Pass gift cards that have a balance of less than $10 for cash upon request by Class Members.
WHO IS INCLUDED IN THE CLASS?
The Class consists of all persons, if any, who, between January 22, 2017 and December 16, 2021, presented an ARCO Pump Pass gift card with an amount of less than $10 for redemption of its cash value at an ARCO-branded station in the Relevant California Counties and that request was rejected. The Relevant California Counties are: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo, Yuba. Employees of BP and others affiliated with BP are not included in the Class.
WHAT BENEFITS DOES THE SETTLEMENT PROVIDE TO THE CLASS?
Once the settlement is approved by the Court, BP has agreed to provide written notice annually to its ARCO-branded dealers and operators of stations in the Relevant California Counties of the requirement set forth in California Civil Code Section § 1749.5 that “any gift certificate with a cash value of less than ten dollars ($10) is redeemable in cash for its cash value” through 2024. If you have an ARCO Pump Pass gift card with an amount less than $10 remaining on it, you may redeem the gift card at ARCO-branded stations in California for cash. There is no separate monetary payout from the Settlement. Anyone who has been denied the ability to redeem an ARCO Pump Pass gift card with a balance of less than $10 in value is entitled to redeem it for cash.
RELEASE OF ALL CLAIMS
Class Members who have not excluded themselves will release BP from all claims, known or unknown, which they have or may have arising out of or relating to any claims that were brought in the Action or claims related to the redemption for cash of any ARCO Pump Pass gift card in the Relevant California Counties.
WHAT DO I HAVE TO DO TO RECEIVE THE BENEFITS OF THE SETTLEMENT?
If you are a member of the Class, you do not have to do anything to receive the settlement benefits described above. If you have an ARCO Pump Pass gift card with an amount less than $10 remaining on it, you may redeem the gift card at ARCO-branded stations in California for cash. You may exclude yourself from the settlement or object to it, as described below.
HOW DO I EXCLUDE MYSELF FROM THE SETTLEMENT?
If you a member of the Class but want to exclude yourself from the Class and from being bound by the settlement, you must follow the directions found below.
If you are a Class Member and wish to exclude yourself from the Settlement Class, you must mail a written request for exclusion stating that you wish to be excluded from the proposed settlement class in Jimmy Walsh v. BP Products North America Inc. et al., Case No. C21-00119, or a similar statement, and include your name, telephone number, current mailing address and signature. Your exclusion request must be postmarked by no later than March 24, 2022 and mailed to the following address: Jimmy Walsh v. BP Products North America Inc. et al., c/o ILYM Group, Inc., P.O. Box 2031, Tustin, CA 92780.
HOW DO YOU OBJECT TO THE SETTLEMENT?
You may also object to the proposed settlement in writing and appear at the Final Approval Hearing, either in person or through an attorney. Specific directions on properly objecting are found below. If you exclude yourself from the settlement, you cannot object to the settlement.
If you are a Class Member and have not timely submitted a written request for exclusion from the Class, and thus is a Class Member, you may object to the fairness, reasonableness or adequacy of the Settlement Agreement, or the Fee and Expense Application. To object to the Settlement, you must submit your objection in writing to Class Counsel, to Defense Counsel, and to the Court, and appear at the Final Approval Hearing, currently scheduled for May 26, 2022 at 9:00 a.m. Your objection must include your name, address, and signature, the name and number of the case (Jimmy Walsh v. BP Products North America Inc. et al., Case No. C21-00119), a statement for the reasons why (i) you believe the Court should find that the proposed settlement is not in the best interest of the Class or (ii) object to the Fee and Expense Application, and mailed postmarked by no later than March 24, 2022 to the following addresses:
Class Counsel
Attn: Todd Friedman
The Law Offices of Todd Friedman, PC
21550 Oxnard Street, Suite 780
Woodland Hills CA 91367
Defense Counsel
BP Products North America, Inc.
c/o Sharon D. Mayo
ARNOLD & PORTER KAYE SCHOLER LLP
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111
Court
Clerk of the Court Superior Court of California, County of Contra Costa
Wakefield Taylor Courthouse
725 Court Street
Martinez, CA 94553
WHEN IS THE FINAL APPROVAL HEARING?
The Court will have a Final Approval Hearing to decide whether to finally approve the settlement on May 26, 2022 at 9 a.m., before Judge Edward G. Weil in Dept. 39 of the Court, located at 725 Court Street, Martinez, California 94553.
MORE INFORMATION
The above is a summary of the basic terms of the settlement. For the precise terms and conditions of the settlement, you are referred to the detailed settlement agreement, which is available on this website and is on file with the Clerk of the Court, 725 Court Street, Martinez, California 94553. The pleadings and other records in this litigation may also be examined with the Clerk of the Court. The complaint and the settlement agreement are available on this webpage.