University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Saldana-Neily v. Taco Bell of America DR-CA-0035
Docket / Court 5:04-CV-04571 ( N.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
On October 28, 2004, a disabled California resident who used a wheelchair for mobility filed a complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell and operators of a Union 76 gas station for having inaccessible restrooms in ... read more >
On October 28, 2004, a disabled California resident who used a wheelchair for mobility filed a complaint in the U.S. District Court for the Northern District of California (Judge Phyllis J. Hamilton) against Taco Bell and operators of a Union 76 gas station for having inaccessible restrooms in violation of Title III of the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq; the California Public Accommodations Law, California Civil Code §§ 51, 52, 54, 54.1, 54.3, and 55; California Health and Safety Code, §§ 19955 to 19959; California's Unruh Civil Rights Act, Cal. Civ. Code §§ 51, 52; and the ADA, 42 U.S.C. § 12101FF. The Union 76 parties settled with the plaintiff, agreeing to damages and injunctive relief. Taco Bell is presently a party to a pending class action, and it appears the plaintiff's claim in this case will be resolved in the class action. That case remains pending.

The plaintiff sought an injunction ordering the defendants to remove the barriers to accessibility listed in the complaint and to comply with the statutes above. She also sought a preliminary injunction, statutory damages, treble damages for certain claims, attorneys' fees, and costs.

On January 11, 2006, the District Court approved a consent decree between the plaintiff and the defendants who operated the Union 76 station. The consent decree included $10,000 in damages to the plaintiff and the defendants agreed to undertake remedial work set forth in an evaluation performed by expert Jonathan Adler.

On March 2008, the court adopted the magistrate judge's recommendation for an award of attorneys' fees and costs against these defendants of $48,392.80. Saldana-Neily v. Taco Bell Of America, Inc., No. 04-4571, 2008 U.S. Dist. LEXIS 22915 (N.D. Cal. 2008). On June 19, 2008, the Union 76 parties were dismissed with prejudice by a stipulated order.

One of the owner-operators of the gas station defendants filed a cross claim against Taco Bell, presumably seeking indemnification. However, it appears the plaintiff's claims against Taco Bell will be resolved in a separate class action. The last entry on the docket is on September 9, 2009, and indicates that the case has been transferred to the Oakland division, from San Francisco. The second to last entry is the order dismissing the Union 76 parties. There is no mention of Taco Bell. It appears that the plaintiff in this action is a mandatory class member in a pending class action against Taco Bell. This case, Moeller v. Taco Bell, also in the Northern District of California, appears on the docket as 4:02−cv−05849−PJH. It is also in this database as DR-CA-0024. On January 3, 2005, the District Court in Moeller ordered the case to be related to Saldana-Neily. Presumably, the plaintiff in Saldana-Neily has not settled with Taco Bell because of this pending class action.

Eric Weiler - 08/19/2010


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Issues and Causes of Action
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Issues
Plaintiff Type
Private Plaintiff
Causes of Action State law
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Bozorghadad Trust
Dorothy Hiura Trust
Hedia Petroleum, Inc.
Taco Bell Of America, Inc.
Plaintiff Description Paraplegic patron of restaurant and service station.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - 2007
Case Closing Year n/a
Case Ongoing Unknown
Case Listing DR-CA-0024 : Moeller v. Taco Bell (N.D. Cal.)
Docket(s)
4:04−cv−04571 (N.D. Cal.) 04/05/2013
DR-CA-0035-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/28/2004 (2004 WL 2880574)
DR-CA-0035-0001 PDF | WESTLAW | Detail
Document Source: Westlaw
Defendant Taco Bell Of America, Inc.'s Answer To Plaintiff's Complaint 12/03/2004
DR-CA-0035-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant Taco Bell Of America, Inc.'s First Amended Answer To Plaintiff's Complaint 12/08/2004
DR-CA-0035-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Hedia Petroleum Inc.'s And Bozorghadad Trust's Answer To Plaintiff's Complaint 01/03/2005
DR-CA-0035-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 01/11/2005
DR-CA-0035-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant, Dorothy M. Hiura Trust's, Answer To Plaintiff's Complaint, And Cross Claim Against Taco Bell Corporation 01/21/2005
DR-CA-0035-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Cross-Defendant Taco Bell Corp.'s Answer To Defendant And Cross-Claimant Dorothy M. Hiura Trust's Cross Complaint 03/01/2005
DR-CA-0035-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Adopting Report And Recommendation [Granting Plaintiff's Motion For Attorney's Fees] 03/24/2008 (2008 WL 793872) (N.D. Cal.)
DR-CA-0035-0008 PDF | WESTLAW | Detail
Document Source: Westlaw
Judges Chen, Edward Milton (N.D. Cal.) [Magistrate]
DR-CA-0035-0008
Hamilton, Phyllis Jean (N.D. Cal.) [Magistrate]
DR-CA-0035-9000
Jenkins, Martin J. (N.D. Cal.)
DR-CA-0035-0007 | DR-CA-0035-0008
Monitors/Masters None on record
Plaintiff's Lawyers Barbosa, Patricia (California)
DR-CA-0035-0001 | DR-CA-0035-0007 | DR-CA-0035-0008 | DR-CA-0035-9000
McLean, Julie (California)
DR-CA-0035-0001 | DR-CA-0035-0007
Ostil, Julie (California)
DR-CA-0035-0008
Rein, Paul Leslie (California)
DR-CA-0035-0001 | DR-CA-0035-0007 | DR-CA-0035-0008 | DR-CA-0035-9000
Richardson, Julie Alice (California)
DR-CA-0035-9000
Defendant's Lawyers Atwood, K. Lucy (California)
DR-CA-0035-0006
Dasteel, Jeffrey H. (California)
DR-CA-0035-0002 | DR-CA-0035-0003 | DR-CA-0035-0006 | DR-CA-0035-9000
Faulkner, William (California)
DR-CA-0035-0005 | DR-CA-0035-0008 | DR-CA-0035-9000
Grotch, Richard (California)
DR-CA-0035-0004 | DR-CA-0035-0007 | DR-CA-0035-0008 | DR-CA-0035-9000
Hikida, Richard Hidehito (California)
DR-CA-0035-0008 | DR-CA-0035-9000
Hurley, Gregory F. (California)
DR-CA-0035-0008 | DR-CA-0035-9000
Kirsch, Sharon (California)
DR-CA-0035-0005 | DR-CA-0035-9000
McManis, James H. (California)
DR-CA-0035-0005
Mooney, Titania Jean (California)
DR-CA-0035-0006
Other Lawyers None on record

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