If you signed a lease with Topletz Investments from January 1, 2008 to the present, a class action lawsuit may affect your rights.
A court authorized this notice. This is not a solicitation from a lawyer.
| DO NOTHING |
Stay in this lawsuit. Await the outcome. Give up certain rights. By doing nothing, you keep the possibility of getting money or benefits that may come from a trial or a settlement. But you give up any rights to sue Topletz Investments separately concerning the same legal claims in this lawsuit. |
| ASK TO BE EXCLUDED |
Exclude yourself from this lawsuit. Get no benefits including a damage recovery and reserve your right to sue in your own lawsuit. If you ask to be excluded and money or benefits are later awarded, you will not share in those. But you keep any rights that may exist to sue Topletz Investments in a separate lawsuit concerning the same legal claims in this lawsuit. |
1. Why did I get this notice?
Topletz Investment’s records show that you signed a lease from Topletz Investments at any time from January 1, 2008 to the present. This notice explains that the Court has allowed, or “certified,” a class action lawsuit that may affect you. You have legal rights and options that you may exercise before the Court holds a trial. The trial is to decide whether the claims being made against Topletz Investments, on your behalf, are meritorious and money damages should be awarded to the class members. Judge Emily Tobolowsky of the 298th Judicial District Court of Dallas County, Texas is overseeing this class action. The lawsuit is known as City of Dallas v. Dennis Topletz, et al. v. James Choice, et al.., Cause No. DC-15-13993 in Dallas County District Court.
2. What is this lawsuit about?
This lawsuit centers on a residential lease used by the Defendants identified in the above caption (hereafter “Topletz”) with Topletz’s tenants since the 1960s with a few minor nonmaterial modifications. The lease has been referenced consistently in this litigation as the Topletz Standard Lease (“the Lease”). The central issue in this case is whether the Lease violates the Texas Property Code, specifically Texas Property Code Section 92.006(c) and the class members’ statutory remedies under Texas Property Code Section 92.0563.
3. What is a class action and who is involved?
In a class action lawsuit, one or more people called “Class Representatives” (in this case James Choice, Reneka Towers, Alysia Crow and Nena Eldridge) sue on behalf of other class members who have similar claims. The Class Representatives and those with similar claims are collectively called a “Class” or “Class Members.” The Class Representatives who sued—and all the Class Members like them—are typically called the “Plaintiffs” but in this case are called the “Intervenors.” The company they sued (in this case Topletz Investments) as well as the other individuals are called the Defendants. The 298th District Court will resolve the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.
4. Why is this lawsuit a class action?
The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Texas Rule of Civil Procedure 42, which governs class actions in state courts. Specifically, the Court found that:
More information at: www.TopletzClassAction.com
5. What does the lawsuit complain about?
In the lawsuit, the Intervenors claim that the Lease used by Topletz Investments and signed by tenants violated various provisions of the Texas Property Code. Intervenors claim that they were forced to reside in properties leased to them by Topletz Investments in which there were no proper functioning plumbing and heating, rats and other vermin, missing doors, roofs with large holes, collapsed floors, and/or other hazards prohibited by the Texas Property Code. You can read the Intervenors’ Class Action Petition at www mnoclassaction com.
6. How does Topletz Investments answer?
Topletz Investments denies that it did anything wrong and says that there are no viable claims or representatives for any Class. Topletz Investments claims it revised the Lease after the lawsuit was filed used to comply with the Texas Property Code and that any damages suffered were because of Intervenors’ own negligence. Topletz Investments further states that no tenant made any repair request that was not fulfilled by Topletz Investments. You can read Topletz Investments’ live Answer to the Class Action Petition at www mnoclassaction com.
7. Has the Court decided who is right?
The Court has not decided whether Topletz Investments or the Intervenors are correct. By establishing the Class and issuing this Notice, the Court is not suggesting that the Intervenors will win or lose this case. The Intervenors or Topletz must prove their claims at a trial starting Month 00, 0000.
8. What are the Intervenors asking for?
The Intervenors are asking to be awarded the following: (1) a prospective injunction prohibiting the Defendants using the Lease, as employing, relying on, or seeking any relief therefrom, using any lease which violates section 92.006(c), and using any lease or form which requires the tenant to accept the property “as is”, require a tenant to undertake or pay for repairs, or require a tenant to reimburse a landlord for repairs; (2) a prospective injunction requiring the Defendants to provide the statutory required notice in proper print compliance with section 92.006(c); (3) a prospective injunction prohibiting any Defendant from retaliating against any Named Intervenors or class member in this litigation or for pursuing their rights and remedies as provided by law or equity; (4) a prospective injunction prohibiting any Defendant from encouraging any tenant or agent/representative from not complying with the Texas Property Code, City of Dallas ordinances and regulations, federal law, regulations relating to Defendants’ properties, including refusing or discouraging City of Dallas or other governmental entities inspections of Defendants’ properties; and (5) a retrospective injunction notifying previous tenants of this litigation, former tenants’ rights to pursue claims against the Defendants, and that Defendants violated section 92.006(c).
9. Is there any money available now and has injunctive relief been granted?
No money or benefits are available now because the Court has not yet decided whether Topletz Investments did anything wrong, and/or the two sides have not settled the case. The Court has not decided whether injunctive relief should be granted. There is no guarantee that money or benefits will be obtained. If they are, you will be notified about how to ask for a share.
10. Am I part of this Class?
Judge Tobolowsky decided that all people who signed a lease with Topletz Investments from January 1, 2008 to the present are Class Members.
11. Which current and former tenants are included?
Former tenants are in the Class as long as they signed a lease with Topletz Investments any time from January 1, 2008 to the present. Also, because Topletz Investments used monthly leases that renewed each month, as long as you were a tenant of Topletz Investments at any time from January 1, 2008 to the present, you are included in the Class. If you signed a lease before January 1, 2008—even if you are a current tenant—you are included. In other words, these people are included:
12. Are any people excluded?
Excluded from the Class are employees of any Defendant, Class counsel, Judge Tobolowsky, and the Judge’s family.
13. I’m still not sure if I am included.
If you are still not sure whether you are included, you can get free help at www mnoclassaction com, or by calling or writing to the lawyers in this case, at the phone number, address, or email address listed in question 23.
You have to decide whether to remain in the Class or ask to be excluded before the trial. You must make your decision no later than DATE.
14. What happens if I do nothing at all?
You are not required to do anything now if you want to remain in the Class and keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay in and the Intervenors obtain money or benefits, either as a result of the trial or a settlement, you will be notified about how to apply for a share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether the Intervenors win or lose the trial, you will not be able to sue, or continue to sue, Topletz Investments—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. You will be legally bound by all of the orders the Court issues and judgments the Court makes in this class action.
15. Why would I ask to be excluded?
If you already have your own lawsuit against Topletz Investments and want to continue with it, you need to ask to be excluded from the Class. If you exclude yourself from the Class—which also means to remove yourself from the Class, and sometimes called “opting-out” of the Class— you will not get any money or benefits from this lawsuit even if the Intervenors obtain them as a result of the trial or from any settlement (that may or may not be reached) between Topletz Investments and the Intervenors. If you exclude yourself or opt out, you may then be able to sue or continue to sue Topletz Investments for violations of the Texas Property Code that occurred or occurs at any time. If you exclude yourself, you will not be legally bound by the Court’s judgment in this class action.
If you start your own lawsuit against Topletz Investments after you exclude yourself, you will have to hire and pay your own lawyer for that lawsuit, and you will have to prove your own claims. If you do exclude yourself so you can start or continue your own lawsuit against Topletz Investments, you should talk to your own lawyer soon, because your claims may be barred by statute of limitations.
Note that if you exclude yourself from this lawsuit and you are currently residing in a property owned by Topletz Investments after signing a lease, any changes made to Topletz Investments’ lease would still apply to you.
16. How do I ask the Court to exclude me from the Class?
To ask to be excluded, you must send an “Exclusion Request” in the form of a letter sent by mail, stating that you want to be excluded from City of Dallas v. Dennis Topletz, et al. Be sure to include your name and address, and sign the letter. You must mail your Exclusion Request postmarked by Month 00, 0000, to: ADDRESS. You may also get an Exclusion Request form at the website, www mnoclassaction com.
17. Do I have a lawyer in this case?
The Court decided that Mark A. Ticer and Jennifer W Johnson of the Law Office of Mark A. Ticer are qualified to represent all Class Members. The law firm and attorneys are called “Class Counsel.” They are experienced in handling similar cases. More information about this law firm, its practices, and its lawyers’ experience is available at www.ticerlawfirm.com.
18. Should I get my own lawyer?
If you do not exclude yourself from the Class, you do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer for this class action, you will have to pay that lawyer.
19. How will the lawyers be paid?
If Class Counsel obtains money or benefits for the Class, they may ask the Court for an award of fees and expenses. You will not have to pay these fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by Topletz Investments.
20. How and when will the Court decide who is right?
As long as the case is not resolved by a settlement or otherwise, Class Counsel will have to prove the Intervenors’ claims at a trial. The trial is set to start on Tuesday, Month 00, 0000, in the 298th District Court of Dallas County, Texas, 600 Commerce Street, Dallas, Texas 75202. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision about whether the Intervenors or Topletz Investments are right about the claims in the lawsuit and whether an award of monies and injunctive relief should be granted to the Class.
21. Do I have to come to the trial?
You do not need to attend the trial unless specifically requested to do so. Class Counsel will present the case for the Intervenors, and Topletz Investments will present its defenses. You or your own lawyer are welcome to attend at your own expense.
22. Will I get money after the trial?
If the Intervenors obtain money or benefits as a result of the trial or a settlement, you will be notified about how to participate. We do not know how long this will take.
23. Are more details available?
Visit the website, www mnoclassaction com, where you will find the Court’s Order Certifying the Class, the Petition that the Intervenors submitted, Topletz Investments’ Answer to the Petition, as well as an Exclusion Request form. You may also speak to one of the lawyers by emailing EMAIL ADDRESS, or by writing to: Topletz Investments Class Action, 10440 N. Central Expressway, Suite 600, Dallas, Texas 75231.