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Blind homeowner claims discrimination on the part of her homeowners association

Blind homeowner claims discrimination on the part of her homeowners association

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Published by Kxtvweb
Homeowner ALICE M. DONOVAN, who is blind, files lawsuit alleging discrimination on the part of WOODBRIDGE MAINTENANCE ASSOCIATION and FREI REAL ESTATE SERVICES for refusing to accommodate her request for accommodation of her disability by providing her with written Association communication in alternative formats.
Homeowner ALICE M. DONOVAN, who is blind, files lawsuit alleging discrimination on the part of WOODBRIDGE MAINTENANCE ASSOCIATION and FREI REAL ESTATE SERVICES for refusing to accommodate her request for accommodation of her disability by providing her with written Association communication in alternative formats.

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Published by: Kxtvweb on Apr 29, 2014
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05/03/2014

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PATRICIA BARBOSA (SBN 125865)
BARBOSA GROUP
16531 Bolsa Chica St., #205 Huntington Beach, CA 92649 Tel: (714) 465-9486 PBarbosa@barbosagrp.com KBayley@barbosagrp.com Attorneys for Plaintiff, ALICE M. DONOVAN UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ALICE M. DONOVAN, Plaintiff, v. WOODBRIDGE MAINTENANCE ASSOCIATION; FREI REAL ESTATE SERVICES AND DOES 1-10 inclusive, Defendants. ))))))) ) ) ) ) ) ) )) CASE NO. 2:14-at-00492
Complaint For Damages And Injunctive Relief For Violations Of:
1. The Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601 et seq.; 2. California Fair Employment and Housing Act, Cal. Gov’t Code § 12955 et seq.; 3. California’s Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.; 4. California’s Disabled Person’s Act, Cal. Civ. Code § 54 et seq.; and 5. Negligence
 
Plaintiff ALICE M. DONOVAN (“Plaintiff”) complains of Defendants WOODBRIDGE MAINTENANCE ASSOCIATION; FREI REAL ESTATE SERVICES and DOES 1-10, inclusive (“Defendants”), and alleges as follows:
 ________________________________________________________________________________________________
Complaint For Damages And Injunctive Relief 1
 
Case 2:14-cv-00995-JAM-EFB Document 2 Filed 04/23/14 Page 1 of 17
 
 
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INTRODUCTION
1.
 
This is an action requesting injunctive relief and monetary damages against WOODBRIDGE MAINTENANCE ASSOCIATION; FREI REAL ESTATE SERVICES AND DOES 1-10, inclusive, for discrimination against Plaintiff ALICE M. DONOVAN on the basis that she is blind and is a disabled individual. The basis of this action is the continuing discrimination against Plaintiff as a blind individual homeowner by Defendants in that Defendants refused and continue to refuse to accommodate Plaintiff’s request for accommodation of her disability by providing her with written Association communication in alternative formats to accommodate her inability to read written documents and ensure her right to effective communication and her right to equal use and enjoyment of her housing by addressing her need for accessible communication. Additionally, Plaintiff alleges that Defendants caused her severe emotional injury and distress by retaliating against her because she sought accommodations for her inability to read Association documents without the use of alternate formats for blind individuals. As a result of Defendants’ action and inaction, Plaintiff has been made to endure false accusations, was recalled from the Board for seeking accommodations for her disability, and was denied the ability to respond to false accusations or to provide her version of the events discussed by the Board members with the Association members. The refusal to provide Plaintiff with accessible documents related to Association business and notices to the homeowners continues to the present and continues to deny Plaintiff the accommodations she needs for enjoyment of her housing. 2.
 
This action arises under the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601
et seq
.; California Fair Employment and Housing Act, Cal. Gov’t Code § 12955
et seq
.; and California’s Unruh Civil Rights Act, Cal. Civ. Code § 51
et seq
. 3.
 
As a result of Defendants’ acts and omissions, as alleged herein, Plaintiff has suffered, and will continue to suffer, damages and a loss of housing opportunities, and has been, and will continue to be, denied full and equal access to and enjoyment of
 ________________________________________________________________________________________________
Complaint For Damages And Injunctive Relief 2
 
Case 2:14-cv-00995-JAM-EFB Document 2 Filed 04/23/14 Page 2 of 17
 
 
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her housing, or participation in the Association’s management of her housing on the  basis of her disability, in violation of her civil rights. 4.
 
Through this lawsuit, Plaintiff seeks compensation for her damages and an injunction compelling Defendants to modify their policies and to establish  procedures to ensure the provision of effective communications with Plaintiff concerning Association and housing issues for her homeowner’s association business. Plaintiff also seeks the reasonable attorneys’ fees, costs and litigation expenses incurred for enforcing her fair housing rights.
JURISDICTION & VENUE
5.
 
This Court has jurisdiction over this action and Plaintiff’s federal claims  pursuant to 42 U.S.C. § 3613 and 28 U.S.C. §§ 1331 and 1343. This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 to hear and determine Plaintiff’s state law claims because they are related to her federal claims and arise out of a common nucleus of operative facts. Plaintiff’s state and federal claims form part of the same case or controversy under Article III of the United States Constitution. 6.
 
Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) because all of the acts and omissions giving rise to these claims occurred within the County of Sacramento, State of California.
PARTIES
 7.
 
Plaintiff ALICE M. DONOVAN is, and at all times relevant herein was, an individual with a disability as that term is defined by the Fair Housing Amendments Act due to blindness (42 U.S.C. § 3602(h); 24 C.F.R. § 100.201), and California law (Cal. Gov. Code § 12926). Plaintiff is, and at all times relevant herein, was and is a resident of Sacramento County, California, and homeowner with a home in the Woodbridge at Natoma Station. 8.
 
Defendant Woodbridge Maintenance Association (“Association”) is a nonprofit mutual benefit corporation, incorporated in 1993 for the purpose of
 ________________________________________________________________________________________________
Complaint For Damages And Injunctive Relief 3
 
Case 2:14-cv-00995-JAM-EFB Document 2 Filed 04/23/14 Page 3 of 17

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