Frequently Asked Questions

The Action alleges that Defendants acted negligently and created a trespass and nuisance by releasing toxic chemicals including trichloroethylene (“TCE”) and perchloroethylene (“PCE”) in the groundwater beneath the properties in the Class Area. The Action alleges that the intrusion of these chemicals has caused property damage in the Class Area and requires mitigation to reduce the alleged harmful impact.

This lawsuit does not include any claims relating to health risks or physical injuries. There will be no recovery in this class action for any health-related claims. Remaining in the Class will not prevent any individual from filing a separate lawsuit for any health-related claims they believe they may have.

The Defendants maintain that properties in the Class Area have not been harmed by TCE or PCE in the groundwater, nor by intrusion of TCE or PCE into homes in the Class Area. Defendants also deny the allegations that they negligently released TCE or PCE into the groundwater and that they created a trespass or nuisance.

In a class action, one or more people or entities called “Class Representatives” are appointed by the Court to sue on behalf of themselves and other persons or entities who have the same or similar claims. In this case, the Court appointed Jed and Alisa Behar as the Class Representatives. The Class Representatives and those they represent together are called a “class” or “class members.” Those who filed the suit are called “plaintiffs,” and those being sued are called “defendants.” In a class action, one court proceeding resolves the issues and claims for all class members, except for those who exclude themselves, or “opt out,” from the Class.

The Class Representatives seek money to compensate class members for the losses they allegedly suffered because of Defendants’ conduct, including damage to property value and mitigation costs; attorneys’ fees and case costs; as well as pre-judgment and post‑judgment interest. Damages may be sought based on reduced property values as a result of the alleged chemical contamination based upon expert testimony.

No money or benefits are available in this Action now because the Court has not yet decided whether Defendants did anything wrong. This case is set for trial on March 24, 2026. There is no guarantee that any money or benefits ever will be obtained, or if they are, what amount may be available to any individual. If money or benefits are obtained, if you have not opted out of the Class, you will receive a notice describing how to receive a share of any recovery in which you may be eligible to participate, and what steps you need to take to provide documentation and/or statements under oath to entitle you to a recovery.

In a class action, one or more people called “Class Representatives” (in this case, Jed and Alisa Behar) sue on behalf of people who have similar claims. These people are a “class” or “class members.” One court and one case resolve the issues for all class members, except for those people who exclude themselves from the class. Class actions are an efficient way for the judicial system to resolve legal claims for large numbers of plaintiffs who have the same or similar claims.

You may be a member of the Class if you owned a single-family home or townhome in the Class Area as of July 1, 2024. The class website includes an interactive map where you can enter your address to confirm if your home falls within the Class Area. The class website may be accessed at: www.CanogaParkClassAction.com.

Some people are excluded from the Class by definition. The Class excludes anyone who purchased a single-family home or townhome with disclosure of contamination at their property from the 8020 Deering Avenue Site.

Other excluded persons are each of Defendants’ officers, directors, agents, employees, and members of their immediate families, and the judicial officers to whom this case is assigned, their staff, and the members of their immediate families.

If you rent your home and received this Notice in the mail, you are not part of the Class. Please immediately provide this Notice to your landlord who may be part of the Class.

If you are still not sure whether your home falls within the Class Area, you can get help by calling or writing to the Class Administrator in this case at 1-833-419-5050 or [email protected].

You must decide whether to stay in the Class or opt out of it.

If you do not opt out of the lawsuit, you are staying in the Class. If you stay in the Class, you will be permitted to share in any recovery that may be awarded in this Action if you suffered compensable losses, subject to the terms of any plan of allocation that may be approved by the Court. If you decide to stay in the Class, you will give up your rights to sue Defendants in a separate, individual lawsuit for any claim made in this Action. You will also be legally bound by all determinations, including orders and judgments, that the Court has made or will make in this Action, even if there is no recovery.

You do not have to do anything to stay in the Class.

If you want to be excluded from the Class (by stating in writing that you do not want to be included in the Class in this Action in accordance with the procedures stated in this Notice), you will give up the right to participate in any recovery that may be achieved in this Action. But you will keep any rights you may currently have to sue Defendant(s) on your own regarding the legal claims in this lawsuit. If you opt out of the Class, you will also not be bound by the Court’s determinations in this Action and will no longer be represented by Class Counsel.

To exclude yourself from the Class, you must mail a letter to the Class Administrator. Your request must include:

-          Your name, address, and phone number;

-          Your email address (if available);

-          A statement that you want to be excluded from the class action Behar v. Northrop Grumman Corporation and Northrop Grumman Systems Corporation, Case No. 2:21-cv- 03946-HDV; and

-          Your signature.

Your exclusion request must be received postmarked no later than June 24, 2025, and sent to the Class Administrator at:

Behar v. Northrop Grumman Class Administrator Exclusions

P.O. Box 301130

Los Angeles, CA 90030-1130

You cannot exclude yourself by phone or email. If you make a proper request for exclusion, you will not be legally bound by anything that happens in this Action.

Yes. The Court has appointed lawyers to represent you and other class members. These lawyers are called “Class Counsel.” The following lawyers are representing the Class:

 

Mark Lanier, Alex J. Brown, Ryan D. Ellis
THE LANIER LAW FIRM, P.C.
10940 W. Sam Houston Pkwy. N., Houston, TX 77064
Phone: (713) 659-5200
Fax: (713) 659-2204



Michael Akselrud
THE LANIER LAW FIRM, P.C.
2829 Townsgate Rd., Ste. 100, Westlake Village, CA 91361



Christopher Nidel, Jonathan Nace, William Cowles
NIDEL & NACE, PLLC
One Church St., Suite 802, Rockville, MD 20850
Phone: (202) 780-5153



David P. Page
ENVIRONMENTAL ENERGY & NATURAL RESOURCES ADVOCATES, P.L.L.C.
1921 S. Boston Ave., Tulsa, OK 74119



Gideon Kracov
LAW OFFICE OF GIDEON KRACOV
801 S. Grand Ave., 11th Floor, Los Angeles, CA 90017

You will not be separately charged for these lawyers, or for the services of any other counsel representing the Class.

If a money recovery is obtained for the Class, Class Counsel will seek from that recovery attorneys’ fees as a percentage of the value of any recovery or award and for reimbursement of litigation expenses that have been incurred in pursuing the Action. Class Counsels’ fees might be subtracted from the total recovery before an award is made to class members. Class Counsel may also ask the Court to approve a reasonable service award for the Class Representatives who assisted in prosecuting the Action. You will not be asked to make any out-of-pocket payment for attorneys’ fees by remaining in the Class.

You do not need to hire your own lawyer. However, you are free to hire your own lawyer at your own expense. If you hire a lawyer to speak for you or to appear in Court, your lawyer must file a Notice of Appearance.

If the case is not dismissed or settled, Plaintiffs must prove their claims at trial that will take place at the United States Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Trial is currently scheduled to begin on March 24, 2026 at 9:00 a.m. During the trial, a jury will hear evidence and decide whether Plaintiffs have proven their claims in this lawsuit. There is no guarantee that Plaintiffs will obtain any money or benefit for the Class.

If Plaintiffs obtain money from a trial or settlement, you will be notified of how to ask to participate (or request a payment or benefits) and what your other options are at that time. These things are not known now. Important information about the case will be posted on the website, www.CanogaParkClassAction.com, as it becomes available.

Complete copies of public pleadings, Court rulings and other filings are available at www.CanogaParkClassAction.com.

Please do not contact the Court, Judge Vera, the Clerk of the Court, Defendants, or Defendants’ Counsel for additional information. They cannot answer any questions or discuss the case.

Please do not contact the Court or the Court Clerk regarding this action.