Frequently Asked Questions

1. What is this about?

The Settlement will resolve the Action as between Plaintiffs, individually, on behalf of themselves, the classes, all others similarly situated, and on behalf of the general public, and Defendants TMI and Jerome A. Gilding.

Plaintiffs allege that consumers were charged excessive or improperly disclosed fees for freight, dealer preparation, manufacturer-installed accessories, or dealer-installed accessories when they purchased a new OHV from TMI. They further allege that TMI did not properly disclose to consumers the existence of manufacturer rebates and that TMI did not credit the consumer the amount of the rebate when they purchased a new OHV from TMI. Based on these allegations, Plaintiffs claim that Defendants violated California law governing advertising, amounting to unfair business practices and false advertising.

Defendants deny any wrongdoing. Plaintiffs and Defendants concluded it is in their best interests to settle the Action between them to avoid the expense and uncertainty of ongoing litigation. The Court did not decide which side was right, but both sides agreed to the Settlement.

2. Who is in the class?

All persons who purchased a new OHV for personal use from TMI during the period October 21, 2011 through October 20, 2015 and paid a "Prep" charge that included added dealer markup.

All persons who purchased a new OHV for personal use from TMI during the period October 21, 2011 through October 20, 2015 that qualified for a rebate from the respective manufacturer but was not credited that rebate toward that purchase.

3. What does the Settlement provide?

The Court has preliminarily approved the following settlement terms: TMI has agreed to create a common fund of $1.45 million which (after deductions for attorney fees, administrative fees, and other charges approved by the Court) will be distributed to Settlement Class Members pro rata based on fees or charges paid by Settlement Class Members to TMI for added dealer markup or for any manufacturer rebate that applied but was not credited to their OHV purchase.

The amount paid to each Settlement Class Member will vary from a minimum of approximately $3 up to approximately $1,140. On average, a Settlement Class Member will receive approximately $350, but you may receive more or less than that amount, depending on how much you or other Settlement Class Members paid to TMI for added dealer markup or were not credited with manufacturer rebates, and how much money is available as part of the Settlement to satisfy the claims. A third-party administrator ("Claims Administrator") will make the final calculations based on directions and instructions that have been approved by the Court.

If the Settlement receives final approval from the Court, then Settlement Class Members who timely and properly submit a valid Claim Form approved by the Claims Administrator will receive a check (within thirty (30) days of final approval ) for their pro-rata share of the Settlement to the address provided in the Claim Form.

Checks issued to Settlement Class Members will be negotiable for ninety (90) days from the date of issuance. Any funds remaining as a result of checks not cashed/negotiated within ninety (90) days from the date of issuance or for claims not submitted or approved will revert to TMI.

Finally, subject to Court approval, the four class representatives will receive enhancement awards/general release payments of up to $10,000 (Priscilla Correa and Danny Coronado, collectively, Timothy Cook, and Kurtis Cafaro). The class representatives purchased OHVs from TMI and filed an Action on behalf of the Class. Defendants have agreed not to oppose these amounts. These awards will be based on their contributions to the Action as well as the time, effort, and expense involved in assisting with and participating in the Action, and for releasing their individual claims against Defendants. The Court may award less than these amounts.

4. Who are the lawyers representing you?

The Classes are represented by James A. Testa and Gregory J. Testa, Testa & Associates, LLP, 1800 Thibodo Road, Suite 200, Vista, CA 92801, who are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Under the terms of the Settlement, Class Counsel will ask the Court for an award of attorneys' fees of up to 35 percent of the total settlement amount ($507,500), plus expenses not to exceed $39,804.00. Defendants have agreed not to oppose these amounts.

5. What are Released claims and Related Parties?

If the Court approves the Settlement, it will enter a judgment in the Action binding all Settlement Class Members. Class Members who do not validly and timely request to be excluded from the Settlement will hereby release and forever discharge Defendants and their Related Parties of and from any and all Released Claims, including unknown claims, which the Classes had or now have against Defendants and their Related Parties, or any of them, so that Plaintiffs and the Classes will have no claim of any kind or nature whatsoever on or against Defendants and their Related Parties, or any of them, solely relating to or arising from those facts alleged in the Second Amended Complaint.

As to the foregoing release of Released Claims only, the release includes a knowing and voluntary waiver of unknown claims in accordance with the provisions of Civil Code section 1542, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

• "Released Claims" means all claims asserted in the Action by Plaintiffs individually and, as applicable, the Classes, and based solely on facts alleged in the Second Amended Complaint, including all claims relying upon a different legal theory that could have been alleged in the Action based solely on facts alleged in the Second Amended Complaint, including but not limited to legal claims based upon alleged unfair competition, false advertising, unfair business practices, violations of the Consumer Legal Remedies Act, or violations of any federal, state, local, statutory, or common law or any other law, statute, rule, regulation, or tariff, including both known and unknown claims, that have been or could have been asserted against Defendants or their Related Parties in any forum by Plaintiffs or Class Members, or any of them, or their heirs, successors, and assigns, or any of them, based solely on the facts alleged in the Second Amended Complaint.

• "Related Parties" means (i) TMl's past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of TMI's predecessors, successors, directors, officers, employees, principals, agents, attorneys, insurers, reinsurers, and includes, without limitation, and person related to any such entity who is, was, or could have been named as a defendant in the Action; and (ii) Jerome A. Gilding's agents, heirs, representatives, attorneys, executors, administrators, successors, and assigns.

• "Released Persons" means Defendants and their respective Related Parties.

NOTWITHSTANDING THE FOREGOING REFERENCE TO CIVIL CODE SECTION 1542, THE SETTLEMENT CLASS MEMBERS ARE NOT PROVIDING A "GENERAL RELEASE" TO THE RELEASED PERSONS.

6. What are my other options?

Any Class Member who wants to exclude themself from the Settlement Class and not be bound by the settlement agreement may make a written request for exclusion and submit the request for exclusion to the Claims Administrator, Correa v. Temecula Motorsports c/o Claims Administrator P.O. Box 25226 Santa Ana, CA 92799, using the Exclusion Form, so that it is postmarked by June 14, 2025.

Any Class Member who wants to object to the Settlement must prepare a written objection, using the Objection Form, and submit it to the Claims Administrator, Correa v. Temecula Motorsports c/o Claims Administrator P.O. Box 25226 Santa Ana, CA 92799, so that it is postmarked by June 14, 2025. Class Members who fail to make objections in this manner will be deemed to have waived any objections and will be foreclosed from making any objections (whether by appeal or any other process) to the settlement agreement.

If you do not submit a timely objection, you will be bound by the final judgment in the Action just as if you had not objected and you will be prevented from pursuing any individual claims against Defendants based on the facts complained of in the Action.

7. When is the Final Fairness Hearing?

The Court will have a hearing to decide whether to finally approve the Settlement on July 17, 2025, at 8:30 a.m., before the Hon. Harold Hopp, in Department 1. of the California Superior Court for the County of Riverside, 4050 Main St, Riverside, CA 92501.

8. Where can I get additional information?

The above description of the Action is general in nature. To see the complete file, you may visit the office of the Clerk of the Riverside County Superior Court at 4050 Main St, Riverside, CA 92501. The Clerk will make the Action's file available for inspection and copying at your own expense.

You can obtain a copy of the settlement agreement from the Clerk or from the Court's website at http://www.riverside.courts.ca.gov/publicaccess.shtml. It was filed on November 7, 2024, and is entitled "Settlement Agreement and Release." The Settlement Agreement and Release, as well as other legal papers related to the Settlement and the Court's consideration of it, can also be viewed on Important Documents page of this website.

PLEASE DO NOT CALL OR WRITE THE COURT OR TMI WITH QUESTIONS ABOUT THIS ACTION.

However, you may write to Class Counsel if you wish to obtain further information. Class Counsel can be reached at: Gregory J. Testa, Testa & Associates, 1800 Thibodo Road, Suite 200, Vista, CA 92801. You can also call Class Counsel (760) 891-0490.