University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Willits v. City of Los Angeles DR-CA-0057
Docket / Court 2:10-cv-05782-CBM-MRW ( C.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Case Summary
On August 4, 2010, Communities Actively Living Independent and Free (CALIF) and a few individuals with mobility disabilities filed a class action lawsuit against the City of Los Angeles in the U.S. District Court for the Central District of California. The plaintiffs alleged that the city ... read more >
On August 4, 2010, Communities Actively Living Independent and Free (CALIF) and a few individuals with mobility disabilities filed a class action lawsuit against the City of Los Angeles in the U.S. District Court for the Central District of California. The plaintiffs alleged that the city unlawfully failed to properly install accessible pedestrian rights of way, including curb ramps, sidewalks, crosswalks, and pedestrian crossings. The complaint asserted two federal claims under the American with Disabilities Act (the ADA) and Section 504 of the Rehabilitation Act of 1973, and four state law claims. Represented by private counsels, the plaintiffs sought declarations, preliminary and permanent injunctions and damages relief.

On December 10, 2010, the court (Judge Consuelo Marshall) dismissed plaintiff's the state law claims without prejudice and the plaintiffs commenced a state court action against the City following this Court’s dismissal. On January 3, 2011, Judge Consuelo Marshall granted the plaintiffs’ motion for class certification for injunctive and declaratory relief only, and appointed class counsel. The plaintiff moved for partial summary judgment and on February 25, 2013, the Court granted the motion but denied without prejudice any request to preclude evidence that may be used for multiple purposes. In the mean time, plaintiff and the City undertook extensive discovery and engaged in extensive discovery as well as numerous discussions regarding settlement of the claims.

On January 8th, 2016, the plaintiff motioned for approval of settlement and certification of settlement class. On February 29, 2016, the court certified the settlement class and granted preliminary approval.

On August 25th, the court granted the approval of the final settlement agreement and found that it is fair, reasonable, adequate, and in the best interests of the Settlement Class as a whole. In the settlement Agreement, the city agreed to expend a total of $1,367,142,684 during the compliance period for program access improvement. The agreement laid out specific amount of funding for every five years that the city must spend for the next thirty years. Both parties agreed all program access improvements and new construction in the city will comply with the standards set forth in the 2010 standards in the Americans with Disabilities Act. In accordance with the settlement agreement, the court reserves exclusive and continuing jurisdiction over the plaintiffs, the settlement class members, and the City, throughout the term of the settlement agreement, for the sole purpose of supervising the implementation, enforcement, construction, and interpretation of the settlement agreement. Following the approval of the settlement agreement, the court entered the final judgment of this case, releasing all plaintiffs' claims against the City.

On August 25th, the court also granted plaintiff's motion for attorney's fees and costs. Through calculation and evidence submitted, the court awarded $10,269,745.07 in attorneys’ fees and $1,533,751.77 in costs to the plaintiffs.

Sihang Zhang - 09/25/2016


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Issues and Causes of Action
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Issues
Content of Injunction
Reasonable Accommodation
Defendant-type
Law-enforcement
Disability
Mobility impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Reasonable Accommodations
Sidewalks
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) City of LOS ANGELES
Plaintiff Description Individuals with mobility and/or vision disabilities
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages

Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2010 - 2016
Case Closing Year 2016
Case Ongoing No
Docket(s)
2:10-cv-05782-CBM-MRW (C.D. Cal.) 08/25/2016
DR-CA-0057-9002.pdf | Detail
General Documents
Complaint 08/04/2010
DR-CA-0057-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Plaintiff's Motion for Class Certification 01/03/2011 (C.D. Cal.)
DR-CA-0057-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiff's Motion for Partial Summary Judgment 02/25/2012 (925 F.Supp.2d 1089) (C.D. Cal.)
DR-CA-0057-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Final Approval of Class Action Settlement 08/25/2016 (C.D. Cal.)
DR-CA-0057-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Attorneys' Fee and Costs 08/25/2016 (2016 WL 4500781)
DR-CA-0057-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 08/25/2016 (2016 U.S.Dist.LEXIS 114980) (C.D. Cal.)
DR-CA-0057-0005.pdf | LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Marshall, Consuelo Bland (C.D. Cal.)
DR-CA-0057-0001 | DR-CA-0057-0002 | DR-CA-0057-0003 | DR-CA-0057-0004 | DR-CA-0057-0005 | DR-CA-0057-9002
Monitors/Masters None on record
Plaintiff's Lawyers Borgen, David (California)
DR-CA-0057-9002
Colby, Sarah (California)
DR-CA-0057-9002
Eiland, Katrina L. (California)
DR-CA-0057-9002
Elsberry, Ronald (California)
DR-CA-0057-9002
Kim, Jinny (California)
DR-CA-0057-9002
Lee, Andrew Paul (California)
DR-CA-0057-9002
Parks, Shawna L (California)
DR-CA-0057-0006 | DR-CA-0057-0006 | DR-CA-0057-9002
Pearlman, Paula D. (California)
DR-CA-0057-0006 | DR-CA-0057-9002
Rivera, Anna Mercedes (California)
DR-CA-0057-9002
Rivers, Surisa E (California)
DR-CA-0057-0006 | DR-CA-0057-9002
Wallace, Guy B. (California)
DR-CA-0057-9002
Defendant's Lawyers Colwell, Kimberly E. (California)
DR-CA-0057-9002
Dermer, Gabriel Seth (California)
DR-CA-0057-9002
Drake, Kimberly E. (California)
DR-CA-0057-9002
Gilbert, Kevin E. (California)
DR-CA-0057-9002
Hopenstand, Adena Michelle (California)
DR-CA-0057-9002
Mclaughlin, Kevin P. (California)
DR-CA-0057-9002
Rittenberg, Laurie (California)
DR-CA-0057-9002
Sato, Gerald M. (California)
DR-CA-0057-9002
Ugaz, Sarah (California)
DR-CA-0057-9002
Other Lawyers Coates, Timothy Towery (California)
DR-CA-0057-9002
Larson, James L. (California)
DR-CA-0057-9002

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