On February 8, 2016, two low-income female drivers - one Latina, the other African American - filed this lawsuit in the Los Angeles Superior Court of California against the same court, under the (i) California Vehicle Code (ii) 42 USC §1983, (iii) California Constitution (iv) the state civil procedure code, (v) Government Code §11135 and (vi) Penal Code §1214.1. The plaintiffs, represented by the Western Center on Law and Poverty and other attorneys, sought declaratory and injunctive relief, arguing that the Los Angeles Superior Court had been suspending driver's licenses simply because drivers could not pay citation fees, without prior analyzing whether the nonpayment was willful. The plaintiffs also alleged that the court violated drivers' due process rights by stripping them of the ability to fight the suspensions. According to the complaint, these practices resulted in disproportionate driver's license suspensions and arrests for failures to pay traffic citations in Black and Latino communities in the Los Angeles area.

On February 5, 2018, the case was transferred to the Superior Court of California for the County of Solano. On the same day, the parties filed a joint request for conditional dismissal with prejudice, upon a settlement and release agreement. Under the settlement agreement, the defendant agreed to (i) allow all traffic/infraction defendants to demonstrate their inability to pay a fine, (ii) notify them of their right to do so, and (iii) train court personnel on the new rules. The defendant also agreed to pay $87,500 in attorneys' fees. The parties agreed to a 12-month period during which plaintiffs' counsel would monitor compliance with the agreement. As a result, the plaintiffs conditionally dismissed the case with prejudice, agreeing to file a request dismissal with prejudice after the 12-month monitoring period ends, which will happen in August 2019.

Daniele de Oliveira Nunes - 03/25/2019


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