How to Opt Out/How to Object

How to Opt Out

To exclude yourself from the Settlement, you must send a letter by U.S. mail or email saying that you want to “opt-out of” or “be excluded from” the Settlement Class. Be sure to include (i) your full name and current address, (ii) the model year, approximate date(s) of purchase or lease, and Vehicle Identification Number (“VIN”) of your vehicle (which is located on a placard on the top of the dashboard visible through the driver’s side corner of the windshield), and (iii) specifically and clearly state your desire to be excluded from the Settlement and from the Class. You must mail your exclusion request postmarked no later than April 4, 2023 to:

Settlement Administrator
Hyundai HECU Settlement
P.O. Box 20849
Fountain Valley, CA 92708

You can’t exclude yourself on the phone, or on any website. Please keep a copy of any exclusion (or opting out) letter for your records.

If you ask to be excluded, you cannot receive any benefits under this Settlement, and you cannot object to the Settlement. If you choose to be excluded or opt out, you will be excluded for all claims you have that are included in the Settlement. You will not be legally bound by anything that happens in these lawsuits. Depending on the laws in your state, you may be able to sue (or continue to sue) HMA, HMC, KC, KA, or other related entities or individuals in the future about the legal issues in this case.

How to Object

If you are a member of the Settlement Class, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views.

To object, you must mail a letter saying that you object to the addresses below:

Defense CounselSettlement AdministratorClass CounselDCourt
Lance A. Etcheverry
Skadden, Arps, Slate, Meagher & Flom LLP
525 University
Avenue, Suite 1400
Palo Alto, CA 94301
For HMA:
Hyundai HECU Settlement
P.O. Box 20849
Fountain Valley, CA 92708
Elizabeth A. Fegan
Fegan Scott LLC
150 S. Wacker Dr.
24th Floor
Chicago, IL 60606
First Street U.S.
Clerk of Court
350 W 1st Street
Suite 4311
Los Angeles, CA 90012-4565

Your objection letter must include:

  1. The name and title of the lawsuit, Zakikhani, et al. v. Hyundai Motor Company, et al., No. 8:20-cv-01584 (C.D. Cal.);
  2. A detailed written statement of each objection being made, including the specific reasons for each objection, and any evidence or legal authority to support each objection;
  3. Your full name, current address, and current telephone number;
  4. The model year and VIN of your Class Vehicle;
  5. A statement whether you or your lawyer will ask to appear at the Fairness Hearing to talk about your objections;
  6. Any supporting papers, materials, exhibits, or briefs that you want the Court to consider when reviewing the objection;
  7. The identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to your objection;
  8. The number of times you, your counsel (if any), or your counsel’s law firm (if any) have objected to a class action settlement within the five (5) years preceding the date that you file the objection and the caption of each case in which such objection was made;
  9. A statement disclosing any consideration that you, your counsel (if any), or your counsel’s law firm (if any) has received in connection with the resolution or dismissal of an objection to a class action settlement within the five (5) years preceding the date that you file the objection; and
  10. Your signature and that of your attorney, if you have one.

Submitting an objection allows Class Counsel or counsel for Defendants to notice your deposition and to seek any documentary evidence or other tangible things that are relevant to your objection. Failure to make yourself available for such a deposition or to comply with expedited discovery requests may result in the Court striking your objection or denying you the opportunity to be heard. The Court may require you or your counsel to pay the costs of any such discovery should the Court determine the objection is frivolous or made for improper purpose.

Objections must be sent by first class mail to each of the above addresses and postmarked no later than April 4, 2023. Objections submitted after this date will not be considered.

If you do not state your intention to appear in accordance with the applicable deadlines and specifications, or you do not submit an objection in accordance with the applicable deadlines and specifications, you will waive all objections and can be barred from speaking at the Fairness Hearing.