Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gonzalez v. Gunson

April 28, 2009

ROMANA GONZALEZ, ET AL., PLAINTIFFS,
v.
JOHN GUNSON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: A. Howard Matz United States District Judge

CONSENT DECREE AND FINAL ORDER

RECITALS

On February 12, 2009, Romana Gonzalez, Rosa Elena Marquez and the Housing Rights Center (hereinafter "Plaintiffs") filed a Motion for Preliminary Injunction and Complaint against John Gunson and Monique La Voie (Defendants) in the United States District Court for the Central District of California, bearing Case No. CV09-1067 (hereinafter "the action"). Said Complaint alleges causes of action for injunctive and declaratory relief, and seeks damages and fees as a result Defendants alleged violations of the Fair Housing Act, 42 U.S.C. § 3601, et seq., the California Fair Employment and Housing Act, Cal. Gov. Code § 12900, et seq., the California Unruh Act, Cal. Civ. Code § 51 et seq. Specifically, Plaintiffs allege that Defendants, who own and manage the property at which Plaintiffs Gonzalez and Marquez reside, 1630 N. Winona Boulevard, Los Angeles, California (hereinafter "subject property"), have engaged in disability discrimination based on their failure to provide Plaintiff Romana Gonzalez with an accessible parking space as a reasonable accommodation for her disability and their failure to allow Ms. Gonzalez to install a ramp that would allow her to enter and exit her unit while using her wheelchair.

Defendants Gunson and La Voie deny the allegations made by the plaintiffs; further, Defendants allege that plaintiffs use and occupancy did not conform to the terms agreed upon in plaintiff Marquez's lease agreement. Finally, defendants claim that they had offered plaintiffs a parking space and permitted them to build a wheel chair ramp.

Plaintiffs' motion for preliminary injunction, filed on February 13, 2009, was granted pursuant to a modified order signed by the Honorable A. Howard Matz, which required defendants to designate a parking space close to plaintiff Marquez's unit, which defendants have complied with; to continue to allow plaintiff Gonzalez to use the wheel chair ramp that defendants built for her after the filing of the Complaint; and prohibited the Defendants from taking any adverse or retaliatory action against Plaintiffs while this action is pending.

The parties to this agreement desire to settle all of the disputes, differences, contractual obligations and disagreements which exist between them as set forth above which arise out of the action or which arise out of the subject matter of the action. Defendants deny any wrongdoing, illegal conduct or liability whatsoever on their part; however, the parties have concluded that it is in their best interest to settle the differences, disagreements and suits upon the terms and conditions set forth herein below, and in so doing, do not admit, concede or imply that they have done anything wrong or legally actionable.

It is hereby ORDERED, ADJUDGED and DECREED:

I. TERM

The term of this Order shall be for six months from the date of entry, but no later than October 15, 2009.

II. EFFECT OF ORDER

This Order shall be binding upon the Defendants and upon the Plaintiffs. Upon entry of this Order, the Complaint shall be dismissed in its entirety with prejudice.

III. INJUNCTION

Defendants, their agents and those under their control shall continue to provide Plaintiffs Marquez and Gonzalez with a total of one designated parking space close to their unit as long as they reside at the subject property;

Defendants, their agents and those under their control shall allow Plaintiff Gonzalez to use the ramp at the entrance of her unit for as long as she resides there, so that she can exit and enter the unit using her wheelchair and other mobility devices. The ramp shall remain the property of Defendants, and will be Defendant's responsibility to maintain and, upon Plaintiff Gonzalez's departure from the unit, remove.

Defendants, their agents and those under their control shall refrain from retaliating against Plaintiffs for exercising their rights under the Fair Housing Act and California Fair Employment and Housing Act ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.