Frequently Asked Questions

This notice was issued because a Court consolidated these lawsuits and certified a Rule 23(b)(3) class to proceed as a class action and your rights may be affected. If you are a California resident who purchased a new Polaris RZR (“the UTV”) at an authorized Polaris dealership at a physical, retail location in the state of California between August 8, 2016 and July 14, 2021 that had a label on the ROPS stating “This ROPS structure meets OHSA requirements of 29 CFR 1928.53”, you may have legal rights and options in this case before the Court or a jury decides whether the claims being made against Polaris on your behalf are correct. This notice explains all of these things.

The Honorable Judge Fernando L. Aenlle-Rocha of the United States District Court for the Central District of California is overseeing this class action. The consolidated case is known as Paul Guzman v. Polaris Industries Inc., et al., Case No. 8:19-cv-01543-FLA (KESx) (lead case). The defendants being sued are Polaris Industries Inc., Polaris Inc., and Polaris Sales Inc. (collectively “Polaris”).

In a class action lawsuit, a person, called a “Class Representative” (here, plaintiff Paul Guzman and plaintiff Francisco Berlanga) sues on behalf of people who have substantially similar claims. Together, these people are called a Class or Class members. One court resolves the issues for all Class members, except for those who exclude themselves, i.e., opt out, from the Class.

The Court decided that this lawsuit could proceed as a class action because it meets the numerosity, commonality, typicality, and adequacy requirements of Federal Rule of Civil Procedure 23. That is, the Court ruled that the Class is so large or “numerous” that getting all Class members together is impracticable; there are questions of law and fact that are “common” to the Class and these “common” issues predominate; the claim of the Class Representatives are “typical” of the claims of the Class; and the Class Representatives and lawyers for the Class will fairly and “adequately” protect the interests of all Class members. More information about why this is a class action can be found in the Court’s two Orders Granting in Part Plaintiff’s Motion for Class Certification, which are available in the Court Documents section of this website.

The lawsuit claims Polaris manufactured, marketed, advertised and sold new RZR Side by Sides, or UTVs, that had a label on the ROPS stating “This ROPS structure meets OSHA requirements of 29 CFR 1928.53.” The lawsuit claims that California residents who purchased new RZR vehicles in California between in or about August 8, 2016 and July 14, 2021 relied on the ROPS label in purchasing their RZR vehicles, and that the ROPS allegedly did not meet the requirements of 29 CFR 1928.53. The lawsuit claims that in selling new RZRs that had a label on the ROPS stating that the ROPS structure met the requirements of 29 CFR 1928.53, when it did not do so, Polaris has violated California state law. The lawsuit seeks money for Class members to compensate them for the difference in value between what was promised and what was delivered. The lawsuit also asks for attorneys’ fees and costs.

Polaris denies and is contesting all of the plaintiffs’ allegations and claims that it violated any law. Defendants continue to object to class certification and thus preserve their right to file a motion to decertify the class, as well as to challenge and object to the class certification on appeal in this matter.

More information on Polaris’s response to the plaintiffs’ allegations and claims is available in the Court Documents section of this website.

No. The Court has not ruled on the merits of the plaintiffs’ claims or Polaris’s defenses. The lawyers for the plaintiffs will present their claims and the lawyers for Polaris will present its defenses at a trial to be scheduled by the Court.

The plaintiffs are asking for money to be paid to consumers to compensate them for the difference in value between what was promised and what was delivered. The lawsuit also asks for attorneys’ fees and costs.

No. There is no money available now because the Court has not ruled on the merits of the plaintiffs’ claims or Polaris’s defenses. There is no guarantee that money will ever be awarded or obtained.

You are included in this lawsuit if you are a California resident who purchased a new Polaris RZR (“the UTV”) at an authorized Polaris dealership at a physical, retail location in the state of California between August 8, 2016 and July 14, 2021 that had a label on the ROPS stating “This ROPS structure meets OHSA requirements of 29 CFR 1928.53.”

Defendants, its affiliates, employees, agents, and attorneys, and the Court, members of its immediate family, and its judicial staff are not part of the Class.

If you do nothing, you are choosing to stay in the Class. If the plaintiffs win or lose at trial, you will be legally bound by all orders and judgments of the Court, and you will not be able to sue or continue to sue Polaris in a different case over the legal claims included in this lawsuit. If the plaintiffs are awarded money from Polaris at trial, you will be able to make a claim for a share of any such award.

If you exclude yourself from the Class, you: (1) will not be legally bound by the Court’s judgments; (2) will keep any rights you may have to sue Polaris for the legal claims included in this lawsuit; and (3) will not be able to make a claim for any money from this lawsuit if any money is awarded as a result of the trial.

To exclude yourself from the Class, send a letter to the address below postmarked by February 24, 2025 stating you want to be excluded from Paul Guzman v. Polaris Industries Inc., et al., Case No. 8:19-cv-01543-FLA (KESx). Include your name, address, telephone number, and signature.

Send exclusions to:

Class Notice Administrator
PO Box 4787
Baton Rouge, LA 70821

Yes. The Court has appointed John P. Kristensen of Kristensen Law Group, Todd M. Friedman of the Law Offices of Todd M. Friedman, P.C., and Christopher W. Wood of Dreyer Babich Buccola Wood & Campora, LLP to represent you and other Class members as Class Counsel. These lawyers have experience handling similar cases. For information about their law firms visit www.cz.law, www.toddflaw.com, and www.dbbwc.com. Paul Guzman and Francisco Berlanga are Class members like you, and the Court has appointed them to serve as the “Class Representatives.”

You do not need to hire your own lawyer, nor do you have to pay Class Counsel or anyone else to participate because Class Counsel is representing you and all other Class members. However, you may hire your own lawyer to represent you at your own expense.

If Class Counsel obtains money or other benefits for the Class, they will ask the Court for attorneys’ fees and costs, which would be paid out of any money recovered for the Class. You will not be personally responsible for fees or expenses.

The case will be decided at a trial to be scheduled by the Court. The trial will take place at the United States District Court for the Central District of California, Courtroom 6B located at 350 W. 1st Street, Los Angeles, California 90012 on May 5, 2025 at 8:15 a.m. The trial may be moved to a different date or time without additional notice. Check this website for updates.

No. You do not have to come to court, but you are free to do so. Class Counsel will present the case for the plaintiffs, and the lawyers for Polaris will present Polaris’s case and defenses. However, you or your own lawyer may appear in court for this case at your own expense.

If money is awarded as a result of the trial, a new notice will be issued about how to make a claim for a share of any such award and the requirements for doing so, and about any other options you may have at that time. Updated information about the case may be posted on this case website.

For a detailed notice and other documents about this lawsuit and your rights, review this case website, call 1-844-407-4522, write to Class Notice Administrator, PO Box 4787, Baton Rouge, LA 70821], or call Class Counsel at 1-877-619-8966.