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CONFIDENTIAL

Sep. 6, 1997

Civil Rights
Disability Discrimination
Loss of Opportunity

Confidential

Settlement –  $7,500

Judge

Fern Smith

Court

USDC Northern


Attorneys

Plaintiff

J. Kendrick Kresse


Defendant

Kelvin C. Gong


Facts

Between June 1, 1993 and January 1994, the plaintiff, a 32-year-old deaf woman whose first language is American Sign Language and whose English fluency is limited, received prenatal care from HillCare Health Services. The plaintiff alleged that for her visits to HillCare she made requests for a qualified sign language interpreter, which were denied by the clinic. On or about July 26, 1994, the plaintiff filed a complaint with the defendant agency claiming that HillCare violated her rights under California Code sections 51 and 54.1. She requested improved access policies and damages. On or about June 20, 1995, the defendant's consultant allegedly met with the plaintiff at her home and brought a settlement agreement for her to sign. The plaintiff alleged that prior to the meeting she had requested that the consultant provide a qualified sign language interpreter for the meeting, but that the consultant refused to provide such an intepreter. The plaintiff executed the settlement agreement. Approximately two and one-half months later, the consultant returned to the plaintiff's home with two amendments to the settlement agreement and again, no interpreter was provided. The plaintiff initialed the amendments. Pursuant to the settlement agreement, the plaintiff was to receive no money. The plaintiff brought this action against the defendant based on civil rights violations theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $12,000. The defendant made a settlement offer of $2,500.

Damages

The plaintiff claimed $100,000 in damages.

Injuries

The plaintiff alleged emotional distress.

Other Information

The settlement was reached approximately 11 months after the case was filed.


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