Schonfeld
Schonfeld v. City of Carlsbad
Opinion
Opinion
Gonzalez, J.
BACKGROUND
On December 23, 1996, plaintiffs filed a second amended complaint on behalf of a proposed class which alleges violations of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et. seq., the Rehabilitation Act, 29 U.S.C. § 794 , and the California Unruh Civil Rights Act, Cal Civ.Code § 51 et seq. Plaintiffs name the City of Carlsbad as the defendant. Plaintiffs seek damages, attorney’s fees, and- “such other further relief as the court deems proper.”
In the complaint, plaintiffs allege that, on different dates in 1996, they were unable -to access specific buildings or use the defendant’s parking facilities, ramps, and streets because of the defendant’s failure to comply with the ADA. Plaintiffs bring claims under the ADA and the Rehabilitation Act for: 1) denial of full and equal access to defendant’s facilities and services; and 2) discrimination on the basis of their disabilities.
The parties have now filed cross-motions for summary judgment under Fed.R.Civ.P. 56. Plaintiffs have also filed a motion for certification of class under Fed.R.Civ.P. 23. After reviewing the memoranda and declarations filed, the Court finds the matter suitable for disposition…