WILLITS, et al v. CITY OF LOS ANGELES - Settlement Agreement and Release of Claims

I. RECITALS

This Settlement Agreement is made and entered into with reference to the following facts:

A. On December 12, 2006, Saundra Carter and nine other individuals commenced a class action against the City in the Superior Court of the State of California for the County of Los Angeles (the "Superior Court"), Case No. BC 363305. On December 5, 2007, Nicole Fahmie commenced a class action against the City in the Superior Court, Case No. BC 381773. On January 27, 2011, the Superior Court consolidated the actions under Case No. BC 363305 (the "Carter/Fahmie Action").

B. On December 8, 2008, Victor Pineda and Anatoli Ilyashov (the "Pineda Plaintiffs") and CALIF commenced a class action against the City and various individual defendants in the Superior Court, Case No. BC 403327 (the "Pineda Action"). In the complaint, the Pineda Plaintiffs and CALIF alleged claims under the Americans with Disabilities Act of 1990 (the "ADA"), Section 504 of the Rehabilitation Act of 1973 (the "Rehabilitation Act"), California Government Code §§ 11135, et seq., California Civil Code §§ 51, et seq., and California Government Code §§ 4450, et seq. On July 6, 2010, the Pineda Plaintiffs filed a first amended complaint, which, among other things, eliminated the class allegations that had been set forth in the original complaint.

C. On August 4, 2010, Plaintiffs commenced a class action against the City and various individual defendants in the United States District Court for the Central District of California (the "District Court"), Case No. CV 10-05782 CBM (RZx) (the "Willits Action"). In the complaint, Plaintiffs alleged claims under the ADA, Section 504 of the Rehabilitation Act, California Government Code §§ 11135, et seq., California Civil Code §§ 51, et seq., California Government Code §§ 4450, et seq. and California Civil Code §§ 54, et seq. On December 10, 2010, the District Court ordered Plaintiffs’ claims under California law dismissed, without prejudice, to be pursued in state court.

D. On March 15, 2011, the Willits Plaintiffs commenced an action against the City in the Superior Court, Case No. BC 457403 (the "Griffin Action"). In the complaint, the Willits Plaintiffs alleged claims under California Government Code §§ 11135, et seq., California Civil Code §§ 51, et seq. and California Government Code §§ 4450, et seq.

E. On January 3, 2011, the District Court in the Willits Action granted the Willits Plaintiffs’ motion for class certification pursuant to Rule 23(b)(2) of the Federal Rules of Civil Procedure. The District Court certified the following class of persons for declaratory and injunctive relief only: "All persons with mobility disabilities who have been denied access to pedestrian rights of way in the City of Los Angeles as a result of Defendant’s policies and practices with regard to its pedestrian rights of way and disability access."

F. During the pendency of the Pineda Action, the Willits Action and the Griffin Action (collectively, the "Actions"), the City, Plaintiffs and Class Counsel (as defined below) undertook extensive discovery and engaged in extensive discussions regarding a potential resolution and settlement of the alleged claims, including in mediation before private mediators. As a result of such discussions, the Parties now wish to effect a complete resolution and settlement of the claims, disputes, and controversies relating to the allegations of Plaintiffs and the Settlement Class, and to resolve their differences and disputes by settling such claims, disputes and controversies under the terms set forth in this Settlement Agreement.

G. In entering into this settlement, the Parties intend to resolve any and all claims that either were or could have been asserted in the Actions on behalf of individuals with Mobility Disabilities for declaratory and injunctive relief with respect to the accessibility of the City’s Pedestrian Facilities. Said settlement is expressly intended to assure that no further lawsuits for these claims for declaratory and injunctive relief may be maintained at any time during the Term of this Settlement Agreement.

H. The Parties intend this Settlement Agreement to bind and apply to the City, its Related Entities (as defined below), CALIF, the Willits Plaintiffs (individually and in their capacity as representatives of the Settlement Class) and all members of the Settlement Class. This Settlement Agreement shall extinguish all Released Claims (as defined below) and constitutes the final and complete resolution of all issues addressed herein.