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SANTOS v. COUNTY OF ALAMEDA

October 5, 2005.

FRANK SANTOS, DIANE QUALLS, and REBECCA JOHNSON, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
COUNTY OF ALAMEDA, BOARD OF SUPERVISORS OF ALAMEDA COUNTY, ALAMEDA COUNTY SOCIAL SERVICES AGENCY, and CHET HEWITT, in his capacity official capacity as Director of the Alameda County Social Services Agency; and DOES 1-10, inclusive, Defendants.



The opinion of the court was delivered by: JOSEPH SPERO, Magistrate Judge

SETTLEMENT AGREEMENT AND STIPULATED ORDER

I. INTRODUCTION

On July 7, 2004, Plaintiffs filed this class action on behalf of General Assistance ("GA") recipients with mental disabilities to enjoin the County of Alameda and its Social Services Agency (collectively, "the County") from discontinuing GA benefits for recipients with mental disabilities in alleged violation of the Americans with Disabilities Act ("ADA"), California Welfare and Institutions Code § 17001.5 and other laws. Defendants answered the complaint and denied liability. On January 28, 2005, following substantial discovery, Plaintiffs filed motions for preliminary injunction, class certification and leave to amend their complaint. Defendants opposed the motions for preliminary injunction and class certification, but did not oppose Plaintiffs' motion for leave to amend.

  The parties now desire to resolve this matter by agreement to avoid the risks and burdens of further litigation. They have therefore entered into this Settlement Agreement and now submit it to the Court for approval. The Court has not determined whether the County has violated any law, and, by entering into this Settlement Agreement, the County does not admit that it is, or has been, in violation of any law.

  On motion of all parties, and the parties consenting thereto, it is therefore ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
II. JURISDICTION
  The Court has personal jurisdiction over the parties, federal question subject matter jurisdiction of this action under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. and supplemental subject matter jurisdiction over Plaintiffs' state law claims. Plaintiffs assert claims that they believe would, if proved, authorize the Court to grant the injunctive relief set forth in this agreement. Venue is proper in this District.

  III. DEFINITIONS

  For purposes of this Settlement Agreement, the following definitions shall apply:

  1. "The County" or "Defendants" shall mean the County of Alameda, its Board of Supervisors, its Social Services Agency ("SSA") and the SSA Director. 2. "Mental Disability" is defined with reference to ADA, 42 U.S.C. § 12131, its regulations 28 C.F.R. § 35.104 (4)(1)(i), and California Government Code § 12926(i).

  3. "Plaintiffs" shall mean Frank Santos, Dianne Qualls, and Rebecca Johnson.

  4. "Parties" shall mean the County and Plaintiffs.

  IV. COMPLIANCE

  The County shall adhere to the provisions of the ADA as they apply to GA applicants and recipients.

  V. GENERAL ASSISTANCE REPORTING REQUIREMENTS

  The County agrees to make the following changes to its reporting requirements within nine months from the effective date of this Settlement Agreement. The parties or the Court may extend this deadline upon a showing of good cause.

  A. Conversion To Quarterly Reporting

  The County will convert from a monthly to a quarterly reporting system in its GA program so that GA recipients will be required to report changes in income and/or household status to the County on a quarterly basis using the QR7 (Quarterly Reporting) report form ("QR7"). The QR7 will be due 30 days before the commencement of the new quarter.

  B. Exemptions From The Reporting Requirement

  The County, as set forth in Section VI of this Agreement, will establish standards and procedures for exempting from the quarterly reporting requirements certain GA recipients. The County shall also exempt from the quarterly ...


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