Suit on Sewer Service Charges Dismissed

A Superior Court judge on Monday dismissed a lawsuit by two North Hollywood homeowners who claimed that the city of Los Angeles overcharged residents, mostly in the San Fernando Valley, by about $125 million for sewer service.

Ivan Schinkle and Barbara Crawford alleged in the 4-year-old lawsuit that the overcharge was a result of a formula abandoned in 1997 that based the sewer fee on the assumption that 60% of water used by a home went into the sewer.

For Valley properties with large lots that use more water for irrigation, the formula did not provide an accurate estimate of sewer use, said Richard Fine, an attorney for the plaintiffs.

“The system they used was arbitrary and they knew they were overcharging people,” Fine said, noting that the city later changed the formula, basing it on winter water use, when there is less irrigation.

However, a judge in 1998 ruled that the matter could not be pursued as a class-action lawsuit, so any damages would have been limited to those suffered by the two plaintiffs.

On Monday, Superior Court Judge David Horowitz ruled that the city method of calculating the sewer service charge is lawful, according to Assistant City Atty. Christine Patterson.

“He decided no refunds were occasioned because there were no overpayments,” Patterson said.

Fine said he plans to appeal the decision.