California Court of Appeal

In a class action alleging defendant-city violated Title II of the Americans with Disabilities Act, Section 504 the Rehabilitation Act of 1973, the Unruh Civil Rights Act, and the California Disabled Persons Act by failing to make newly built and altered sidewalks readily accessible to individuals with disabilities, the trial court's order certifying a non opt-out class, and approving the parties' settlement for injunctive relief only, and released all claims for statutory damages, is reversed and remanded, where: 1) the settlement was presumptively fair, adequate and reasonable, a presumption objectors have failed to overcome; but 2) the non-opt out provision violated due process.

Appellate Information

• Decided 03/13/2014
• Published 03/13/2014

Judges

• CHANEY

Court

• California Court of Appeal

Counsel