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CONFIDENTIAL

Apr. 15, 2003

Civil Rights
FEHA
Disability Discrimination

Confidential

Settlement –  $285,000

Judge

Michael M. Anello

Court

San Diego Superior


Attorneys

Plaintiff

James C. Allen
(Allen Semelsberger & Kaelin LLP)


Defendant

Ian C. Fusselman


Facts

The three plaintiffs were residents of a mobile home park in San Diego County. The park rules required that at least one resident of each household be at least 55 years of age. The plaintiffs each had adult family members who they claimed were either physically or mentally handicapped. The management refused to allow the disabled family members to reside in the mobile home if the disabled person or the caregiver was under the age of 55 without a written treatment plan as required by Civil Code section 798.34.

Settlement Discussions

According to the defense, plaintiff demanded $900,000 at mediation and the defendant offered $150,000.

Damages

The plaintiffs claimed emotional distress following the eviction threats.


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