F.Z. v. City of Soledad
- Jacquelyn Corley
- 3:21-cv-02890
- U.S. District Court · Northern District of California
- 5
In F.Z. v. City of Soledad, Judge Corley approved a disability-access settlement and appointed F.Z.’s mother as guardian.
F.Z., Rosa Fernandez, and the City of Soledad. The order approved a settlement resolving the plaintiffs’ disability-access claims and addressed F.Z.’s representation and recovery.
What happened
F.Z. and his mother, Rosa Fernandez, sued the City of Soledad, alleging that city crosswalks and sidewalks denied them full and equal access. The claims arose under the Americans with Disabilities Act and California disability-access laws.
The parties agreed to accessibility repairs and a $20,000 settlement. The agreement allocated $7,644.67 to F.Z., $3,822.33 to Fernandez, $8,000 for attorney’s fees, and $533 for litigation expenses. F.Z.’s share would be placed in his CalAble account.
The court found the settlement fair and reasonable, appointed Fernandez as F.Z.’s guardian because of his incompetence, and granted the petition to approve the settlement. Judge Jacquelyn Scott Corley issued the order.
The detailed version
- F.Z. v. City of Soledad · No. 3:21-cv-02890
- Jacquelyn Corley
- July 22, 2022
Background
F.Z. and Rosa Fernandez brought claims against the City of Soledad under Title II of the Americans with Disabilities Act, California Government Code section 4450, the Unruh Civil Rights Act, and the California Disabled Persons Act. They alleged that they were denied full and equal access to Soledad’s crosswalks and sidewalks on multiple occasions. Fernandez was originally permitted to act as F.Z.’s guardian ad litem—a person appointed to protect the interests of someone who cannot adequately represent himself—because F.Z. was a minor when the case began.
F.Z. turned 18 while the lawsuit was pending. Based on Fernandez’s statement that F.Z.’s physical and mental disabilities prevented him from caring for himself or managing his finances, the court appointed Fernandez as his guardian ad litem because of his incompetence under Federal Rule of Civil Procedure 17(c)(2).
Settlement
The parties reached a settlement, and the City did not oppose the petition for court approval. The settlement required remedial measures addressing the alleged accessibility problems. The City had already corrected some conditions and agreed to take additional steps to ensure future access to other areas.
The total settlement was $20,000, allocated as follows:
- $8,000 for attorney’s fees; - $533 for plaintiffs’ counsel’s litigation expenses; - $3,822.33 to Fernandez; and - $7,644.67 to F.Z., to be placed in his CalAble account.
Because the settlement involved an incompetent person, the court independently reviewed whether the agreement was fair. The court considered the City’s completed and promised remediation and compared F.Z.’s recovery with potential statutory damages and recoveries in similar disability-access cases. The court stated that F.Z.’s recovery was proportional to potential minimum damages and comparable to or greater than amounts recovered in the cited cases.
Disposition
The court found the settlement fair and reasonable and granted the plaintiffs’ unopposed petition for approval of the minor’s compromise. The opinion did not decide whether the City was liable on the underlying disability-access claims; it approved the parties’ settlement and appointed Fernandez as F.Z.’s guardian ad litem.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.