Settlement Information

Background and Purpose of the Settlement

Plaintiff Hugo Maldonado brought claims against Defendants regarding fees charged by Defendants to hotel guests. Plaintiff contends that Defendants charged fees, including parking fees, that were not included in the advertised price of hotel rooms at MarBrisa Carlsbad.

Defendants maintain that they did nothing wrong. The proposed settlement to resolve this Lawsuit is not an admission of guilt or any wrongdoing of any kind by Defendants.

The Court has not decided in favor of the Class or Defendants. Instead, the Class Representative and Defendants agreed to a settlement. This way, they avoid the cost, burden, and uncertainty of a trial and the consumers allegedly affected can get benefits. The Class Representative and his attorneys think the proposed settlement is best for all Class Members.

Who Is in the Settlement Class

The Settlement Class is defined as:

All persons who purchased a hotel room at MarBrisa through the website www.marbrisacarlsbad.com within the time period spanning June 3, 2021 to June 17, 2025 and were charged any fee(s) that were allegedly not displayed in the advertised price at the time of purchase, including but not limited to Parking Fees (the “Class”).

Excluded from this Class definition are all employees, officers, or agents of Defendants. Also excluded from this Class definition are all judicial officers assigned to this case as well as their staff and immediate families.

How Class Members Are Identified

Under the Settlement Agreement, Defendants provide the Settlement Administrator with the names, email addresses, and billing addresses of Class Members from their records. The Settlement Administrator uses that information only to administer the settlement and sends notice by email and by postcard.

If you received a notification from the independent Settlement Administrator about the Lawsuit, that means that you may be a Class Member. The Notice ID and PIN on your notice let you submit your Payment Election online.

If you are still not sure whether you are included in the Class, contact the Settlement Administrator for more information. Submitting a Payment Election does not by itself establish that you are eligible for a Class Payment.

What the Settlement Provides

The Parties to the Lawsuit have agreed to a $750,000 settlement (the “Gross Settlement Amount”). Defendants will deposit the Gross Settlement Amount into an account controlled by the Settlement Administrator, a neutral company that the Court has appointed to send this notice, calculate and make payments, process Class Members’ opt-out requests, and perform other tasks necessary to administer the settlement.

Plaintiff and/or Class Counsel will ask the Court to approve the following deductions from the Gross Settlement Amount, the amounts of which will be decided by the Court at the final approval hearing:

• Up to $262,500 (35% of the Gross Settlement Amount) to Class Counsel for attorneys’ fees and up to $40,000 for their litigation expenses.
• Up to $7,500 to the Class Representative as an incentive award.
• An estimated $25,750 to the Settlement Administrator for services administering the settlement.

Class Members have the right to object to any of these deductions. The Court will consider all objections.

Conditions for Receiving a Class Payment

• You must elect to receive a Class Payment and provide your payment information by January 21, 2027. Class Members who do not make an election will not receive a Class Payment but will still be bound by the settlement unless they opt out.
• You must not opt out of the settlement.
• Each Class Member that elects to receive a Class Payment will receive a pro rata distribution of the settlement. The amount will depend on the total number of Class Members who choose to receive a Class Payment and on the amount of Court-approved deductions.
• Class Payments will be distributed after the Court grants final approval of the settlement and any objections are overruled with finality. Under the Settlement Agreement, payments are distributed within 30 days of the Effective Date.
• Physical checks are valid for 180 days after they are issued. Money from checks not cashed by the void date will be paid to a non-profit organization authorized by the Court.
• Any tax liability associated with a Class Payment is the responsibility of the Class Member who receives it.

See Payment Options for what each payment method requires.

Release of Claims

Any member of the Settlement Class who does not timely request to opt out from the settlement shall be bound by the Release below.

Release: Upon the Effective Date, Named Plaintiff and each Class Member who has not timely requested to opt out from the Class, and each of their respective successors, assigns, legatees, heirs, and personal representatives, will be deemed to have released Defendants and its past, present, and future successors and predecessors in interest, subsidiaries, affiliates, direct or indirect parents, wholly or majority-owned subsidiaries, divisions, affiliated and related entities, including Grand Pacific Resort Services, LP and Grand Pacific Resorts, Inc., partners and privities, and each of Defendants’ past, present, and future officers, directors, shareholders, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, attorneys, insurers, and reinsurers (the “Released Parties”) of all manner of action, causes of action, claims, demands, rights, suits, obligations, debts, contracts, agreements, promises, liabilities, damages, charges, penalties, losses, costs, expenses, and attorneys’ fees, which they have or may have that are based on, or arise from, one or more of the same factual predicates asserted in the Complaint, including all claims arising out of Defendants alleged failure to disclose fees associated with their sale of hotel rooms (the “Released Class Claims”), that occurred prior to the Settlement Date.

Court Approval

The Court overseeing this case still has to decide whether to approve the settlement. The Court will hold a final approval hearing at the Hall of Justice Courthouse, Department 72, located at 330 W. Broadway, San Diego, CA 92101, on February 19, 2027, at 9:30 a.m. Pacific. At this hearing, the Court will decide whether to approve the settlement, Class Counsel’s request for attorneys’ fees and costs, and any incentive awards to the Class Representative.

The Court may elect to move the final approval hearing to a different date or time in its sole discretion, without providing further notice to the Class. You may attend in person or virtually via sdcourt.ca.gov/virtualhearings.

It is possible the Court will decline to grant final approval of the settlement or decline to enter a judgment. It is also possible the Court will enter a judgment that is reversed on appeal. Should either of these events occur, the settlement will be void: Defendants will not pay any money and Class Members will not release any claims against Defendants.

Where to Get More Information

This notice summarizes the proposed settlement. For the precise terms and conditions of the settlement, you may (1) see the Settlement Agreement on the Settlement Documents page; (2) contact Class Counsel representing the Class Members (see the Contact page); (3) access the Court docket in this case, for a fee, through the Court’s electronic docket system at www.sdcourt.ca.gov; or (4) visit the Court’s View a Court File page to request to personally review court documents.

Answers to common questions are on the FAQs page.