Edward Forbes, Matthew Forbes v. Vive Sol, Hector Sol, Helena Sol, Eskander Sarraf and Brigitte W. Sarraf
Published: Jul. 13, 2013 | Result Date: Feb. 15, 2013 | Filing Date: Jan. 1, 1900 |Case number: 5:11-cv-5536 Settlement – $100,000
Court
USDC Northern
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Celia L. McGuinness
(Derby, McGuinness & Goldsmith )
Catherine M. Cabalo
(Peiffer, Wolf, Carr, Kane, Conway & Wise)
Defendant
Jeffrey G. Nevin
(Nevin Law Firm PC)
Facts
Plaintiffs Edward Forbes and Matthew Forbes, minors acting through their Guardian Ad Litem, Jennifer Forbes, sued Vive Sol, Hector Sol, and Helena Sol dba Vive Sol, Eskander Sarraf, and Brigitte W. Saraff alleging violations of the Americans with Disabilities Act and related state disability laws.
Plaintiffs sought damages for discriminatory experiences, denial of access, and denial of their civil rights by defendants' failure to provide full and equal access to the facilities located at Vive Sol Restaurant in Mountain View.
Result
The parties agreed to a consent decree whereby corrective work will be performed by defendants in compliance with the standards and specifications for disabled access set forth in the California Code of Regulations and ADA standards, unless specifically agreed to in the parties' consent decree and order. Defendants also agreed to pay $40,000 to plaintiffs, with $25,000 going to Matthew, who suffered a fall, and $15,000 to Edward. Defendants also agreed to pay $60,000 in attorney fees and costs, including $9,465 in expert costs.
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