Facts

Jesse Jesse Acosta sued Nuvision Federal Credit Union doing business as E1 Financial Credit Union, Mukai Maravilla LLC, E-W Services Inc. doing business as E&W Services Inc., East West Bank Inc., and Huntington Commerce Center LLC, for alleged disability discrimination. Acosta later dismissed his claims against Mukai, Huntington, Atlantic, and Galleria. As such, the matter proceeded against NuVision as the sole defendant.

PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendant of discriminating against him because of his disability by failing to give full and equal access to its lending services. Plaintiff also alleged discrimination based on defendant's failure to modify its lending policies, which violated the Americans with Disabilities Act and the California Unruh Civil Rights Act. Plaintiff also sought an injunction against defendant. Plaintiff asserted claims for violation of the ADA, violation of California Health and Safety Code Sections 19955 et seq., violation of the Unruh Civil Rights Act, and violation of California's Disabled Persons Act.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's claims, and asserted various defenses.

Result

The jury rendered a verdict in Acosta's favor. As such, the court granted a permanent injunction, enjoining NuVision from discriminating against persons with disabilities. The jury also found $40,000 in damages and trebled it for a violation of the ADA under the Unruh Act for an award of $160,000 (Cal Civ. Code 52). The court required NuVision to modify its policies, practices, and facilities to comply with disability laws. The cases against the other three defendants were dismissed through a settlement, in which plaintiff's claims for injunctive relief and monetary claims were also resolved.

Other Information

Plaintiff also received $125,000 in attorney fees. FILING DATE: April 24, 2012.