Garibian & Associates Accountancy Corporation v. Republic Services Inc

I. Background

Plaintiffs brought this putative class action asserting state law claims for breach of contract, breach of the duty of good faith and fair dealing, and unjust enrichment, as well as claims under California and Florida unfair trade practices acts. (Dkt. No. 126 at 29-50). Plaintiffs asserted these claims by alleging that Republic Services, Inc. (“RSI”) and its subsidiaries raised their service rates and charged fees exceeding those permitted by their form contracts. (Id. at 1-3).

The specific provision that Plaintiffs allege Defendants breached is the “Rate Adjustments” provision: Company may, from time to time by notice to Customer, increase the rates provided in this Agreement to adjust for any increase in (a) disposal costs; (b) transportation costs due to a change in location of Customer or the disposal facility used by Company; (c) the Consumer Price Index for all Urban Consumers; (d) the average weight per cubic yard of Customers Waste Materials above the number of pounds per cubic yard upon which the rates provided in this Agreement are based as indicated on the cover page of this Agreement; or (e) Company’s costs due to change in Applicable Laws.…