Homeowners and renters in a mapped area of Hollister, California, near the San Benito Foods tomato cannery could share a $950,000 odor settlement that a federal judge preliminarily approved on October 15, 2026. Claim forms are expected to be mailed by November 12, 2026, and nothing can be claimed until that notice arrives.
What Happened
U.S. District Judge Noël Wise of the Northern District of California granted preliminary approval, as modified, on October 15, 2026, to a class settlement in Vallejo v. The Neil Jones Food Company, No. 5:24-cv-06835. The Neil Jones Food Company, which does business as San Benito Foods, operates the tomato cannery on Hawkins Street in Hollister. Wastewater from the cannery is treated at a nearby plant, and the Sunnyslope County Water District performed that treatment under a contract with the company, which brought the district into the case as a third-party defendant.The lawsuit, filed September 27, 2024, alleged that noxious odors from the cannery and its wastewater operations invaded nearby homes and created a nuisance, and sought property damages, not damages for personal injuries. The Neil Jones Food Company and the water district deny all allegations of wrongdoing and liability, and the court has not ruled on the claims.
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Who Is Covered
The class is made up of owner-occupants and renters of residential property inside a defined Class Area at any time from September 27, 2021 through October 15, 2026, the date of the preliminary approval order. The settlement agreement describes the area as beginning where Nash Road meets the San Benito River, running northwest along the river to San Juan Hollister Road, east to 4th Street and along 4th Street to McCray Street, southeast to East Park Avenue and Prospect Avenue, along Prospect Avenue to Tres Pinos Road, west to East Nash Road and back to the river. Where that description and the official Class Area map differ, the map controls.Payments are made per household, meaning everyone living together in one house, apartment or condominium. A household that moved out and the one that moved into the same unit during the class period count as separate households, and each can claim a full share.
What the Settlement Pays
The Neil Jones Food Company will pay $850,000 and the Sunnyslope County Water District will pay $100,000, for a $950,000 cash fund. Separately, the company must spend at least $75,000 between June 1, 2026 and December 1, 2027 on odor monitoring systems, odor-reducing chemicals and/or accelerated solids removal, putting the total settlement value at $1,025,000.Class counsel may ask for attorneys’ fees of up to one-third of that total value, plus out-of-pocket costs that include notice and administration, and each named plaintiff may receive a service award of up to $2,500, all subject to the court’s approval. The rest of the fund is divided equally among every household that submits an approved claim. No per-household figure has been estimated, because the amount depends on how many households claim. Money left over, such as from uncashed checks, goes to Hollister Guardians, a local community group, as a cy pres recipient.
How and When to Claim
Claims are not open yet. Under the court’s schedule, class counsel must mail the class notice by first-class mail within 28 days of the order, by Thursday, November 12, 2026, and a summary notice will run in a local newspaper. The proposed notice is in English and Spanish and is mailed with a claim form, which is returned by mail with the supporting documentation the form lists.The deadlines run from the date the notice is first mailed: 42 days to opt out or object, and 60 days to submit a claim. Judge Wise encouraged the parties to spread the notice beyond the mail, such as in community parks and schools, and warned that if the claims rate turns out too low she may require a second notice period at class counsel’s expense. The proposed notice directs residents to a settlement page on class counsel’s website; as of October 16, 2026, that page was not yet live. This story will be updated with the exact claim deadline once notice goes out.
Final Approval Hearing
Class counsel’s fee application is due November 18, 2026. The preliminary approval order sets the final approval and fairness hearing for February 9 at 9:30 a.m. in Courtroom 3 of the Robert F. Peckham Federal Building and U.S. Courthouse in San Jose, but prints the year as 2026, a date that has already passed. The same order’s schedule lists Tuesday, January 26, 2027 as the date 14 days before the hearing, which points to February 9, 2027, so the printed year appears to be a clerical error. The mailed notice should confirm the date.Questions
Who is covered by the Hollister tomato cannery odor settlement?
The class covers owner-occupants and renters of residential property inside a mapped Class Area in Hollister, California, at any time from September 27, 2021 through October 15, 2026. The area runs roughly from the San Benito River and San Juan Hollister Road east along 4th Street to McCray Street, Prospect Avenue and Tres Pinos Road, and back along East Nash Road. The official Class Area map controls.
How do Hollister residents get paid from the odor settlement?
Payment requires a claim form. Under the court's order, notice with a claim form is to be mailed by November 12, 2026, and claims are due 60 days after the notice is first mailed. Each household with an approved claim receives an equal share of the net fund.
How much is each household's share of the Hollister odor settlement?
No per-household amount has been set. The $950,000 fund is reduced by court-approved attorneys' fees of up to one-third of the $1,025,000 total settlement value, costs including notice and administration, and service awards of up to $2,500 per named plaintiff, then divided equally among households with approved claims. The more households that claim, the smaller each share.
Is the San Benito Foods cannery required to reduce odors?
Yes. Under the settlement, The Neil Jones Food Company, which does business as San Benito Foods, must spend at least $75,000 between June 1, 2026 and December 1, 2027 on odor monitoring systems, odor-reducing chemicals and/or accelerated solids removal at its wastewater operations.
When is the final approval hearing for the Hollister odor settlement?
The preliminary approval order sets the final approval and fairness hearing for February 9 at 9:30 a.m. in Courtroom 3 of the federal courthouse in San Jose, but prints the year as 2026, a date that has already passed. The order's own schedule lists January 26, 2027 as 14 days before the hearing, which points to February 9, 2027; the mailed notice should confirm the date.
What was the Hollister cannery odor lawsuit about?
Residents alleged that noxious odors from the tomato cannery on Hawkins Street and its associated wastewater treatment operations invaded nearby homes and created a nuisance, and sought property damages. The cannery and the Sunnyslope County Water District deny liability, and the court has not ruled on the claims.
Sources
- Docket, Vallejo v. The Neil Jones Food Company, No. 5:24-cv-06835-NW (N.D. Cal.)
- Order Granting As Modified Preliminary Approval of Class Action Settlement (ECF 84, October 15, 2026): class definition, notice schedule, deadlines and hearing.
- Class Action Settlement Agreement and proposed notice (ECF 74-1, filed July 30, 2026): payments, Class Area description, improvement measures, fees and plan of allocation.
