All American Asphalt Settlement Information

A judge in the Superior Court in Orange County, California has preliminarily approved a class action settlement in the matter of Rad v. All American Asphalt (Case No.: 30-2021-01188072)

The Settlement, agreed upon by the parties and preliminarily approved by the Court, calls for a cash fund of $1.25 million dollars, less costs, attorneys’ fees, and any incentive award to the named Plaintiff that the Court may allow, for members of the Certified Class who did not previously opt out, which is defined as follows:

All owner/occupants, tenants, renters or lessees of residential property residing within two (2) miles of the Facility’s property boundary between March 9, 2018 and the present.

The Settlement comes after a separate lawsuit filed by the City of Irvine resulted in a settlement, under which the City of Irvine will purchase All American Asphalt’s hot mix asphalt batch and crumb rubber plant located at 10671 Jeffrey Road, Irvine California. Under that separate settlement, All American Asphalt will cease asphalt production operations at the Facility by November 15, 2023 and relocate, meaning that any alleged emissions from the Facility are expected to cease before the end of 2023.     

The lawsuit, filed in 2021, alleged that noxious odors from the Facility created a nuisance for neighboring residents.  

There are several Court-ordered deadlines that must be followed by members of the class:

  • Claim Forms must be postmarked on or before January 8, 2024 in order to receive compensation from the Settlement Fund.  

  • Opt Outs and Objections must be postmarked on or before January 8, 2024. 

If you have questions about this settlement, you may e-mail info@LSCcounsel.com or call toll free at: (800) 536-0045.

  For more information, see the documents below.

Notice

Complaint

Class Area Map

Settlement Agreement

If you have any questions about this settlement, feel free to reach out to us using the contact information below.