Giorgio Fogy v. BPREP Vantage Pointe, LLC, 25-cv-0622-TWR-VET

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

SETTLEMENT OPT-OUT FORM

ONLY COMPLETE AND RETURN THIS FORM IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION SETTLEMENT.

SUBMITTING THIS FORM MEANS YOU WILL NOT RECEIVE COMPENSATION UNDER THE SETTLEMENT AGREEMENT.

This form must be filled out in its entirety and postmarked or emailed no later than May 25, 2026. If you miss this deadline, or fail to fill out this form entirely, this opt-out form will not be considered valid, and you will be bound by the terms of the Settlement Agreement.

Name: ______________________________________________________________________________________________________________________

Address: ____________________________________________________________________________________________________________________

Telephone Number: ________________________________________ Email Address: ______________________________________________

Member Identification Number: ____________________________________________
Your member identification number is located at the top of the short form notice you received in relation to this Settlement.

By submitting this Opt-Out Form I am deciding that I do not want to be a Settlement Class Member in the Lawsuit against BPREP Vantage Pointe LLC and Brookfield Properties Multifamily LLC, involving allegations of water, hot water, and elevator interruptions at Vantage Pointe in San Diego and causes of action for breach of contract, breach of the warranty of habitability, breach of the implied covenant of quiet enjoyment, private nuisance, negligence, and violation of California’s Business and Professions Code sections 17200, et seq.

I acknowledge that by timely submitting this fully completed Opt-Out Form, I will not be bound by any terms of the Settlement Agreement in the Lawsuit, I will not receive any compensation or award in connection with the Settlement of the Lawsuit, and I will not release any claims against Defendants. I further acknowledge that for this Opt-Out Form to be valid, I must exclude myself from the entire Settlement.

Signature: ___________________________________________________ Date: ______________________________________________________________________

This form must be signed in order to be considered valid.

This form must be submitted in one of the following manners.

By email to:

Phoenix Settlement Administration
info@phoenixclassaction.com

By mail to:

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