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Donald Lollock, et al. v. Oakmont Senior Living, LLC et al.

Superior Court of California, County of Alameda | Case No. RG17875110

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**Update** Settlement payments were issued and mailed on April 13, 2021 to Class Members who submitted valid claims to the Settlement Administrator. If you submitted a valid claim, please allow 7-10 business days for delivery of your Settlement payment by First-Class U.S. Mail.

The deadline to redeem your Settlement payment is August 11, 2021.

If you resided at one of the Oakmont Senior Living branded California assisted living facilities at any time between September 13, 2013 through and including December 16, 2019, you could be entitled to benefits under a class action settlement.

WHAT IS THIS LAWSUIT ABOUT?

A proposed settlement of a class action entitled Donald Lollock, et al. vs. Oakmont Senior Living, LLC, et al. has been reached in the Superior Court of California, County of Alameda (case number RG17875110).

Plaintiffs allege that Oakmont made misleading statements and omissions about how resident evaluations would be used to determine, set and monitor staffing levels at Oakmont's assisted living facilities in California, which Plaintiffs allege resulted in monetary damages to residents. Oakmont denies all allegations and claims in the lawsuit and denies that it committed any wrongdoing. This settlement is not an admission of any wrongdoing by Oakmont.

WHAT DOES THE SETTLEMENT PROVIDE?

If the Court approves the proposed settlement and you do not request to be excluded from the Settlement Class the cash payment for each Settlement Class Member who paid a Community Fee during the Settlement Class Period will be approximately 37% of the amount of the Community Fee during the Settlement Class Period, depending on the amounts the Court awards for attorneys’ fees and costs. To be eligible for benefits under the settlement, you must be a Settlement Class Member or a legal successor of a deceased Settlement Class Member.

WHAT ARE MY RIGHT AND OPTIONS?

INCLUDE YOURSELF	If you choose this option, you do not need to do anything, as you will automatically be included in the settlement class and seek money from the class settlement but you will give up your right to sue in a different case about the same subject matter.
REQUEST TO BE EXCLUDED BY NOVEMBER 13, 2020	If you do not wish to be included in the Settlement Class and receive a cash payment, you must send a letter stating that you want to be excluded from the Settlement Class in Donald Lollock, et al. v. Oakmont Senior Living, LLC et al., case no. RG17875110 (Superior Court of California, County of Alameda). Be sure to include your name, your current address and telephone number, your signature (or that of the legal representative), and a statement that you wish to be excluded from the Settlement Class. You must mail your letter requesting exclusion by first class United States mail postmarked no later than November 13, 2020 to: Donald Lollock, et al. v. Oakmont Senior Living, LLC et al. c/o CPT Group, Inc. 50 Corporate Park Irvine, CA 92606 You cannot exclude yourself via telephone, fax, or email. If you ask to be excluded, you will not get any settlement payment, and you cannot object to the settlement. However, you will not be legally bound by anything that happens in this lawsuit and you will keep your right to separately pursue claims against Oakmont relating to the subject matter of this lawsuit. For more information on excluding yourself form the Settlement, please read the Notice of Proposed Class Action Settlement, by clicking here.
OBJECT TO THE SETTLEMENT BY NOVEMBER 13, 2020	If you are a Settlement Class Member (or a legal representative of such person), you can object to the settlement if you do not like any part of it, and the Court will consider your views. To object, you must file a letter with the Court and serve a copy to Class Counsel and Oakmont’s Counsel saying that you object to the settlement in Donald Lollock, et al. v. Oakmont Senior Living, LLC et al., case no. RG17875110 (Superior Court of California, County of Alameda). Be sure to include a heading which refers to the name of this case, your name, your address, your telephone number, your signature, a statement that you resided at or signed a contract with Oakmont during the Settlement Class Period, the name of the Oakmont community at which you resided or that you are a legal successor to such a person, a statement whether you intend to appear at the Final Approval Hearing, and the reasons and facts for why you object to the settlement. You must also affirm under penalty of perjury that you are a Settlement Class Member (or a legal representative of a Settlement Class Member) or provide other proof of Settlement Class membership. If you are represented by counsel, be sure to include the name, address, and telephone number of that lawyer. Your objection must be received by these three different places no later than November 13, 2020: Clerk of the Court, Department 19 Superior Court of California, County of Alameda 1221 Oak Street Oakland, CA 94612 Kathryn A. Stebner STEBNER AND ASSOCIATES 870 Market Street, Suite 1212 San Francisco, CA 94102 Telephone: (415) 362-9800 Gabe P. Wright HAHN LOESER & PARKS LLP 600 West Broadway, Suite 1500 San Diego, CA 92101 Telephone: (619) 810-4390 Facsimile: (619) 810-4391 For more information on objecting to the Settlement, please read the Notice of Proposed Class Action Settlement, by clicking here.

FAIRNESS HEARING

The Court will hold a Final Approval Hearing on January 20, 2021 at 3:00 p.m., to decide whether to approve the settlement at the Courtroom of the Honorable Stephen Kaus, Department 19, Superior Court of California, County of Alameda, 1221 Oak Street, Oakland, California 94612. The Court will also decide Plaintiffs’ request for attorneys’ fees, which shall not exceed one-third of the value of the Fund and the Injunction. The date, time, or place may be changed by the Court without notice to the Settlement Class, so please check for updates on the Settlement Website.

CPT GROUP, Inc.

50 Corporate Park, Irvine, CA 92606

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CONTACT INFORMATION

‍Toll-Free Class Member Support:
1-888-664-1703

‍Case Email:
OakmontSeniorLivingSettlement@cptgroup.com

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