Fogy v. BPREP Vantage Pointe, LLC, et al.

NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT

Giorgio Fogy v. BPREP Vantage Pointe, LLC, et al.
Case No. 25-cv-0622-TWR-VET

United States District Court, Southern District of California

If you were a tenant at Vantage Pointe, located at 1281 Ninth Ave., San Diego, CA 92101, between February 10, 2021, and March 16, 2026, this class action settlement may affect your rights.

A United States Federal Court authorized this notice. This is not a solicitation from a lawyer.

• A class action lawsuit captioned Giorgio Fogy v. BPREP Vantage Pointe LLC, et al., Case No 25-cv-0622-TWR-VET (the “Lawsuit”), was filed by Giorgio Fogy (“Plaintiff”) against Defendants Brookfield Properties Multifamily LLC (“Brookfield”) and BPREP Vantage Pointe LLC (“BPREP”) (collectively, “Defendants”). The Lawsuit was originally filed in California Superior Court, County of San Diego on February 10, 2025, but Defendants removed the Lawsuit to the United States District Court for the Southern District of California (the “Court”) on March 14, 2025. The Lawsuit is currently pending before the Honorable Todd W. Robinson.

• In the Lawsuit, Plaintiff alleges that there were several water, hot water, and elevator shutoffs, outages, and interruptions at Vantage Pointe during his tenancy. Plaintiff has asserted causes of action against Defendants on his own behalf and on behalf of the Class (defined below) for breach of contract, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, private nuisance, negligence, and violation of California’s Business and Professions Code, sections 17200, et seq.

• The Class includes all Tenants who resided at Vantage Pointe at any time between February 10, 2021, and March 16, 2026 (the “Class Period”). Within the Class, there is a subclass referred to as the Winter 24-25 Subclass, which includes all Tenants who resided at Vantage Pointe at any time between November 1, 2024, and February 28, 2025. The term “Tenants” is defined as any person who 1) signed a lease for an apartment at Vantage Pointe; and 2) resided in an apartment at Vantage Pointe for which they signed a lease. Put more simply, to be a Tenant, your name must be on a lease for a unit at Vantage Pointe and you must have actually lived at that unit.

• Defendants deny any wrongdoing and deny the claims and allegations asserted in the Lawsuit. The Court has not ruled on the merits of the Plaintiff’s claims and has made no determination of liability against Defendants. The parties nevertheless have entered into a written agreement (the “Settlement Agreement”), whereby they have agreed to settle the Lawsuit (the “Settlement”) to avoid the expense and risk of continued litigation.

• You may receive a payment as part of this Settlement if you are in the Class defined above. The amount of that payment will depend on a number of factors, including whether you are a member of the Class only or a member of the Class and the Winter 24-25 Subclass.

• Your legal rights are affected by whether you act or don’t act in response to this notice. Read this notice carefully. Included in the pages that follow is a more detailed description of the Lawsuit, the Settlement, and your rights and options.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

DO NOTHING: If you do nothing in response to this notice, you may receive a payment if (i) you are a member of the Class defined on the first page of this notice, and (ii) this Settlement is approved by the Court and any appeals therefrom are fully and finally resolved.

EXCLUDE YOURSELF: If you exclude yourself from this Settlement, you will NOT receive a payment. If you timely and validly exclude yourself from the Settlement, you will not receive any payment, and you will not be bound by the terms of the Settlement Agreement, including the Release against the Released Parties (as those terms are defined below).

The steps you need to take and the deadline for acting to exclude yourself from the Settlement are laid out in further detail below.

OBJECT TO THE SETTLEMENT: You have the option to remain in the Settlement but tell the Court why you do not agree with the Settlement, which is referred to as an objection. You will still be bound by the terms of the Settlement Agreement if the Court approves the Settlement, despite your objection.

The steps you need to take and the deadline for objecting to the Settlement are laid out in further detail below.

The Court in charge of this case must still decide whether to grant final approval of the Settlement. Settlement payments will be made if the Court grants final approval and after appeals, if any, are resolved. Given the uncertainty of whether there will be appeals and the length of time for their resolution, we cannot provide a fixed date by which settlement payments will be made.

BASIC INFORMATION

1. Why did I get a notice letter?

Defendants’ business records indicate that you may be a member of the Class. As mentioned above, the Class is defined as all Tenants who resided at Vantage Pointe at any time between February 10, 2021, and March 16, 2026.

Within the Class, there is a subclass, referred to as the Winter 24-25 Subclass, which includes all Tenants who resided at Vantage Pointe at any time between November 1, 2024, and February 28, 2025. All members of the Winter 24-25 Subclass are members of the Class. However, just because you are a member of the Class does not mean you are a member of the Winter 24-25 Subclass. Your membership in the Winter 24-25 Subclass depends on the timing of your tenancy at Vantage Pointe.

The term “Tenants,” as used above in the foregoing Class and Winter 24-25 Subclass definitions, is defined as any person who 1) signed a lease for an apartment at Vantage Pointe; and 2) resided in an apartment at Vantage Pointe for which they signed a lease.

The Court has determined that you have a right to know about the proposed Settlement of this Lawsuit and a right to know about your options with respect to this Settlement before the Court decides whether to grant final approval to the Settlement. If the Court approves the Settlement, and after any objections and appeals are resolved, payments from the Settlement (“Settlement Payments”) will be distributed to members of the Class that have not excluded themselves from the Settlement (“Settlement Class Members”).

This notice explains the Lawsuit, the Settlement, your legal rights and options with respect to the Settlement, what benefits are available, who is eligible for them, and how to get them.

As stated above, the Court in charge of this Lawsuit is the United States District Court for the Southern District of California, Judge Todd W. Robinson, and the case is known as Giorgio Fogy v. BPREP Vantage Pointe LLC, et al., Case No. 25-cv-0622-TWR-VET. The person who filed the Lawsuit is Plaintiff Giorgio Fogy. The Defendants are Brookfield Properties Multifamily LLC, which operates and manages Vantage Pointe, and BPREP Vantage Pointe LLC, which owns Vantage Pointe.

2. What is this Lawsuit about?

In the Lawsuit, Plaintiff alleges that there were several water, hot water, and elevator shutoffs, outages, and interruptions at Vantage Pointe during his tenancy. Plaintiff has asserted causes of action against Defendants on his own behalf and on behalf of the Class (defined below) for breach of contract, breach of the warranty of habitability, breach of the covenant of quiet enjoyment, private nuisance, negligence, and violation of California’s Business and Professions Code, sections 17200, et seq. Defendants deny Plaintiffs’ allegations and they deny that they have any liability arising from the Lawsuit.

For further information as to what this Lawsuit is about, you can review the Complaint in this Lawsuit, which can be found at fogy-v-bprep-vantage-pointe.phoenixcases.com.

3. Why is this a class action?

In a class action, one or more persons, called the “Class Representative” (in this case Giorgio Fogy), sues on behalf of other people who have similar claims. All these people are a “Class,” with each individual being a “Class Member.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Class.

4. Why is there a Settlement?

The Court has not decided in favor of either Plaintiff or Defendants in the Lawsuit and has preliminary certified a class solely for purposes of the settlement. Plaintiff and Defendants still disagree on the merits of the Lawsuit. However, after exchanging numerous documents and information and conducting a full-day mediation before a neutral third-party mediator, both sides agreed to a Settlement to avoid the cost, uncertainty, and risk of further litigation. Weighing the certainty of payment now through the Settlement against the risk and uncertainty of continued litigation, Plaintiff and his attorneys think the Settlement is in the best interest of the Class.

WHO IS IN THE SETTLEMENT?

5. How do i know if I am part of the Settlement?

In this Lawsuit, there is a Class and—within that Class—there is a subclass, referred to as the Winter 24-25 Subclass. You are a member of the Class if you were a Tenant who resided at Vantage Pointe at any time between February 10, 2021, and March 16, 2026. You are a member of the Winter 24-25 Subclass if you were a Tenant who resided at Vantage Pointe at any time between November 1, 2024 and February 28, 2025.

Tenant is defined as any person who 1) signed a lease for an apartment at Vantage Pointe; and 2) resided in an apartment at Vantage Pointe for which they signed a lease. In other words, to be considered a Tenant, 1) your name must be on a lease for an apartment at Vantage Pointe and 2) you must have actually lived at that apartment.

All members of the Winter 24-25 Subclass are also members of the Class. However, being a member of the Class does not automatically mean you are a member of the Winter 24-25 Subclass. Again, to be a member of the Winter 24-25 Subclass, you must have been a Tenant at Vantage Pointe between November 1, 2024 and February 28, 2025. There are 4,025 members of the Class. There are 1,224 members of the Winter 24-25 Subclass. This means there are 2,801 members of the Class that are not members of the Winter 24-25 Subclass.

Members of the Class who do not exclude themselves from the Class—the process for which is described below—will become members of the Settlement Class, referred to as Settlement Class Members.

Automatically excluded from the Class are Defendants and their respective affiliates, agents, employees, officers, directors, parents, subsidiaries, attorneys, representatives, advisors, administrators, predecessors, successors, insurers, accountants, advisors, or anyone acting on their behalf.

For more information on whether you are a part of the Class or Winter 24-25 Subclass, visit fogy-v-bprep-vantage-pointe.phoenixcases.com or call (800) 523-5773.

THE SETTLEMENT BENEFITS—WHAT YOU GET

6. What does the Settlement provide?

Defendants have agreed to pay a total of $2,495,000.00 to settle this Lawsuit (the “Settlement Fund”).

$1,555,000 of the Settlement Fund will be apportioned to the Class. $940,000 of the Settlement Fund will be apportioned to the Winter 24-25 Subclass. Put another way, 62.3% of the Settlement fund will be apportioned to the Class and 37.7% of the Settlement Fund will be apportioned to the Winter 24-25 Subclass. The reason that the apportionment is higher for the Winter 24-25 Subclass is that the evidence produced in discovery by Defendants shows that the Winter 24-25 Subclass experienced a higher volume of hot water interruptions than the remainder of the Class.

Prior to disbursement of the Settlement Fund to the Settlement Class, Plaintiff will apply to the Court for a service award up to $10,000.00 and Plaintiff’s attorneys will apply to the Court for attorney’s fees of up to 30% of the Settlement Fund and for recovery of the costs that they expended to litigate this Lawsuit, currently estimated at $11,018.36. Such amounts, if awarded, will be deducted from the Settlement Fund. Further, the costs of the services of Phoenix Settlement Administration—the company in charge of overseeing the administration of this Settlement—will be deducted from the Settlement Fund, not to exceed $22,180.00. The amount leftover after the foregoing deductions will be referred to as the “Net Settlement Fund.”

7. What can I get from the Settlement?

What you get from the Settlement depends on whether you are a member of the Class only or a member of both the Class and Winter 24-25 Subclass. As explained above, 62.3% of the Settlement Fund will be apportioned to the Class and 37.7% of the Settlement Fund will be apportioned to the Winter 24-25 Subclass. And as also explained, there will be deductions from the Settlement Fund to arrive at the Net Settlement Fund amount. Further, the amounts received by Settlement Class Members will depend on the number of Class members that exclude themselves from the Settlement. Once more, there are 4,025 members of the Class, and there are 1,224 members of the Winter 24-25 Subclass.

Taking all of the foregoing into account, you can expect to receive a settlement payment in accordance with the following formulas:

If you are a member of the Class only, you may receive an amount equal to 62.3% of the Net Settlement Fund divided by the number of members of the Class who have not requested exclusion from the Settlement, as shown below (the “Class Settlement Payment”):

0.623 x Net Settlement Fund
________________________________________________
Number of Class Members Who Have Not Requested Exclusion

If you are also a member of the Winter 24-25 Subclass, you may receive an amount equal to 37.7% of the Net Settlement Fund divided by the number of members of the Winter 24-25 Subclass who have not requested exclusion from the Settlement, as shown below (the “Winter 24-25 Subclass Settlement Payment”):

0.377 x Net Settlement Fund
____________________________________________________
Number of Winter 24-25 Subclass Members Who Have Not Requested Exclusion

Members of the Winter 24-25 Subclass will receive both the Class Settlement Payment and the Winter 24-25 Subclass Settlement Payment. Given the number of factors that go into calculating a final payment amount, we cannot presently provide you a fixed number that you can expect as a settlement payment. However, the foregoing information should allow you to derive a rough sense of the amount.

8. How can I get a Settlement Payment?

Settlement Class Members do not need to do anything to receive a settlement payment. You do not need to prove your membership in the Class or Winter 24-25 Subclass. Defendants’ business records are already sufficient to prove membership. When this Settlement receives final approval by the Court and when any objections and appeals have been fully and finally resolved, Settlement Class Members will receive the Class Settlement Payment or both the Class Settlement Payment and the Winter 24-25 Subclass Settlement Payment, depending on whether they are or are not members of the Winter 24-25 Subclass.

9. When would I get my Settlement Payment?

The Court will hold a hearing on July 2, 2026, to decide whether to approve the Settlement. If the Court approves the Settlement, there could be appeals afterward, which will take time to resolve. Given this uncertainty, we cannot provide a fixed date by which you can expect to receive payment. Please be patient, and please check fogy-v-bprep-vantage-pointe.phoenixcases.com or call (800) 523-5773 for any updates.

10. What am I giving up to get a Settlement Payment?

Unless you exclude yourself in accordance with the procedure described below, you will become a Settlement Class Member. That means—if this Settlement is approved and becomes final—you cannot sue, continue to sue, or be a part of any lawsuit against Defendants or any of the Released Parties for the Released Claims.

“Released Claims” is defined as “the claims against the Defendants that were alleged in Plaintiff’s Complaint or could have been alleged based on Defendants’ acts and omissions during the Class Period that are substantially similar to those alleged in the Action. Those include, but are not limited to, any habitability, quiet enjoyment, breach of contract, negligence, nuisance, or California Unfair Competition Law claims arising from or directly related to the supply or interruptions in the supply of water and hot water at Vantage Pointe or arising from or directly related to interruptions in the availability of elevators at Vantage Pointe. Released Claims do not include claims arising from conditions or events occurring after the date of Preliminary Approval.”

“Released Parties” is defined as “the Defendants, together with each of their respective affiliates, agents, employees, officers, directors, parents, subsidiaries, attorneys, representatives, advisors, administrators, predecessors, successors, insurers, accountants, advisors, or anyone acting on their behalf.”

Any capitalized terms in the foregoing definitions of “Released Parties” and “Released Claims” that are not defined within this notice are defined in the Settlement Agreement at Section 2, which you can download and review at fogy-v-bprep-vantage-pointe.phoenixcases.com.

EXCLUDING YOURSELF FROM THE SETTLEMENT

11. How do i get out of the Settlement?

To exclude yourself from the Settlement, you must fully fill out and timely return an Opt-Out Form. The Opt-Out Form for this Lawsuit is available for download at fogy-v-bprep-vantage-pointe.phoenixcases.com or by clicking [here].

As stated, you must fully complete the Opt-Out Form in order for it to be considered valid, which includes your name, Member ID Number, address, email address, telephone number, and your signature.

The Opt-Out Form must also be timely submitted. The deadline for submitting an Opt-Out Form is May 25, 2026. If you submit the Opt-Out Form via mail, it must be postmarked no later than May 25, 2026 and mailed to the Settlement Administrator at the following address:

Phoenix Settlement Administration
P.O. Box 7208, Orange, CA 92863

If you submit the Opt-Out Form via email, the email must be sent no later than May 25, 2026 to:

Phoenix Settlement Administration
info@phoenixclassaction.com

If you are a member of the Winter 24-25 Subclass, you cannot choose to exclude yourself from only the Winter 24-25 Subclass while remaining in the Class, and you cannot choose to exclude yourself from the Class while remaining in the Winter 24-25 Subclass. Rather, if you wish to exclude yourself, you must exclude yourself from the Settlement entirely.

If you ask to be excluded, you will not get any Class Settlement Payment or Winter 24-25 Subclass Settlement Payment, and you cannot object to the Settlement. After exclusion, you will not be legally bound by anything that happens in this Lawsuit and you will be able to sue, continue suing, or be involved in a lawsuit against Defendants and/or the Released Parties for the Released Claims.

12. If I don’t exclude myself, can I sue Defendants for the same thing later?

No. Unless you exclude yourself, you give up the right to sue Defendants for the claims that this Settlement resolves. Specifically, you give up your ability to sue, continue suing, or be involved in a lawsuit against the Released Parties for the Released Claims. Again, you can find the definitions for Released Parties and Released Claims at Section 2.30 and 2.31 of the Settlement Agreement, available for download at fogy-v-bprep-vantage-pointe.phoenixcases.com.

If you have a pending lawsuit against Defendants, speak to your lawyer in that lawsuit immediately, if you have one. Depending on the nature of your lawsuit, you may need to exclude yourself from this Settlement to continue your own lawsuit.

13. If I exclude myself, can I get an award payment from this Settlement?

No. If you exclude yourself, you will not receive a Class Settlement Payment or Winter 24-25 Subclass Settlement Payment. However, you will retain your right to sue, continue to sue, or be part of a different lawsuit against Defendants and/or the Released Parties for any of the Released Claims.

THE LAWYERS REPRESENTING YOU

14. Do I have a lawyer in this case?

Yes. For settlement purposes, the Court has appointed Gregory N. Suhr of the law firm Weeks Nelson and Jim Treglio of the law firm Potter Handy LLP as counsel for the Settlement Class (“Class Counsel”). Class Counsel represents you, Plaintiff, and all other Class Members, unless and until you seek exclusion from the Settlement. You will not be charged for the services of Class Counsel. If you want to be represented by your own lawyer, you may hire one at your own expense.

If you wish to contact Class Counsel, please contact Gregory N. Suhr by emailing gsuhr@weeksnelson.com or by calling (858) 794-2140.

15. How will the lawyers be paid?

At present, Class Counsel have not been compensated for their time and services in litigating this Lawsuit or reimbursed for the costs they have incurred in litigating this Lawsuit. Thus, Class Counsel will ask the Court for attorney’s fees of up to 30% of the Settlement Fund, or $748,500, as well as the costs that they incurred in litigating this Lawsuit. The Court has discretion to award all, some, or none of these amounts to Class Counsel. If the Court awards attorney’s fees and costs to Class Counsel, these amounts will be deducted from the Settlement Fund prior to disbursement of any settlement payment to the Settlement Class Members.

Additionally, Class Counsel will ask for a service award of up to $10,000 for Plaintiff Giorgio Fogy, who brought this lawsuit on behalf of the Class. The Court has discretion to award all, some, or none of the amount requested. Service awards are commonly granted to recognize the efforts of the named Plaintiff in bringing and prosecuting lawsuits on behalf of others. If the Court awards any service award to Plaintiff, that amount will be deducted from the Settlement Fund prior to disbursement of any settlement payment to the Settlement Class Members.

OBJECTING TO THE SETTLEMENT

16. How do I tell the Court that I don’t like the Settlement?

You can tell the Court that you don’t agree with the Settlement, or some part of it, including any request for attorney’s fees or Plaintiff’s service award. This is called an “objection.” You can give the reasons why you think the Court should not approve the Settlement. The Court will consider your views at the final hearing to consider the fairness of the Settlement (the “Final Approval Hearing”). Any Settlement Class Member who wishes to appear in person to present evidence or arguments in support of an objection at the Final Approval Hearing must provide notice to that effect in its written objection.

To object, you must file a written objection with the Court overseeing this Lawsuit. Your written objection must state all of your objections and the reasons for such objections. In your written objection, you must include the following: your full name, address, telephone number, and email address, if any; the name, address, telephone number, and email address of your attorney if you have an attorney representing you with respect to the objection; the grounds for all objections, stated with specificity, and any evidence the you wish to introduce in support of the objections; whether the objection applies only to you, to a specific subset of the Class, or to the entire Class; proof of your membership in the Settlement Class; a statement as to whether you intend to appear at the Final Approval Hearing, either individually or through counsel; if appearing at the Final Approval Hearing, the identity of any witnesses you intend to have testify and copies of any exhibits you intend to introduce into evidence at the hearing; your signature; the case name and case number for this Lawsuit; and your Member Identification Number.

You must file your objection with the Court, and you must mail your objection to the following parties at the following addresses. The objection must be filed by, and the mailing must be postmarked by, May 25, 2026.

SETTLEMENT ADMINISTRATOR
Phoenix Settlement Administration
P.O. Box 7208
Orange, CA, 92863

CLASS COUNSEL
Weeks Nelson
c/o Gregory N. Suhr
c/o Gregory K. Nelson
16236 San Dieguito Rd.
Ste. 5-23
Rancho Santa Fe, CA 92067

DEFENSE COUNSEL
Duane Morris
c/o Deanna Lucci
c/o Courtney Baird
750 B St., Ste. 2900
San Diego, CA 92101

For any attorney representing an objector, the attorney shall file a declaration listing all objections previously filed for anyone, the case name, court, and case number, and how much, if any amount, was paid in connection with the objection.

Any Settlement Class Member who fails to timely file and mail their written objection and notice of intent to appear at the Final Approval Hearing in accordance with the terms of the Settlement Agreement and as detailed in this Notice shall not be permitted to object to this Settlement at the Final Approval Hearing, shall be foreclosed from seeking any review of this Settlement by appeal or other means, and shall be deemed to have waived their objections and be barred from making any such objections in the Lawsuit or any other action or proceeding.

17. What’s the difference between objecting and excluding?

Objecting is simply telling the Court that you don’t like something about the Settlement. However, it is important to know that you can only object if you stay in the Settlement Class (i.e. if you do not exclude yourself). Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class. If you exclude yourself, any objection by you will not be considered by the Court because—when you exclude yourself—the Settlement and the Lawsuit no longer affects you and so you give up your right to object to it.

THE COURT’S FINAL FAIRNESS/APPROVAL HEARING

18. When and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Approval Hearing on July 2, 2026, at 1:30 p.m., at 333 West Broadway, Courtroom 14A, San Diego, CA 92101. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court will listen to people who have asked to speak at the hearing. The Court may also decide how much to pay Class Counsel, and whether to grant the request for Plaintiff’s service award. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long this decision will take and so we cannot provide a fixed date by which there will be a final decision that the Settlement is approved or rejected.

19. Do I have to come to the hearing?

No. Class Counsel will answer questions the Court may have. But you are welcome to come at your own expense if you choose, either as an objector (if you timely objected) or simply to witness the proceedings as an interested party. You may also pay your own lawyer to attend, but it is not necessary to have an attorney in order to come to the hearing.

20. May I speak at the hearing?

Yes, as long as you do not exclude yourself and as long as you file a timely and complete written objection requesting to speak at the hearing, the Court may allow you or your attorney to participate and speak at the Final Approval Hearing (though you are not required to do so). This is called making an appearance.

If you want to appear, of if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all the procedures for timely and validly objecting listed above and specifically include a statement that you or your lawyer will appear at the Final Approval Hearing.

IF YOU DO NOTHING

21. What happens if I do nothing at all?

All Settlement Class Members who do not exclude themselves from the Settlement Class will receive a Class Settlement Payment or both a Class Settlement Payment and Winter 24-25 Subclass Settlement Payment, depending on whether they are a member of the Winter 24-25 Subclass. Such payment will be made when this Settlement receives final approval by the Court and any appeal is fully and finally resolved.

GETTING MORE INFORMATION

22. Are there more details about the Settlement?

This notice summarizes the proposed Settlement. More details are included in the Settlement Agreement and other documents posted at fogy-v-bprep-vantage-pointe.phoenixcases.com. You may also contact the Settlement Administrator at (800) 523-5773.

Please do not contact Defendants, any staff or employees at Vantage Pointe, or the Court with questions about this Lawsuit or the Settlement.