Public Interest Law Firm

LITIGATION AND ADVOCACY HIGHLIGHTS

Improved Monitoring of Special Education Programs in Juvenile Court Schools

Despite the fact that children with disabilities are overrepresented in the juvenile justice system, PILF and its co-counsel believe that the California Department of Education (CDE) has been neglecting its duty to monitor juvenile court schools’ compliance with the federal and state special education laws designed to ensure these students receive an appropriate education.  Thanks to an investigation by PILF and its co-counsel and a letter to CDE detailing the agency’s alleged failures, CDE has started including juvenile court schools, including Santa Clara County’s Osborne School, in its formal special education monitoring process and is expected to begin releasing reports on its findings and mandated corrective actions in the near future.  PILF and its co-counsel will continue to follow these developments and will take necessary actions to enforce the educational rights of students with disabilities in juvenile hall.

Co-counsel:  Youth Law Center, Cooley Godward Kronish LLP, and Bay Area Legal Aid.

Residential Care for Elderly Mental Health Consumers

Currently representing a statewide patients’ rights organization in a suit aimed at protecting rights of seniors with mental health disabilities who are being denied admission to the most appropriate care facilities for their needs—residential care homes—because they are over the state-established age limit of 59 for such homes. 

Co-counsel:  Simpson Thacher & Bartlett, Mental Health Advocacy Project 

CAMHPRA.Complaint filed

 Disabled Access to Below Market Rate Housing

Currently representing a young woman with a disability whose request for a reasonable accommodation was denied by a city’s Below-Market-Rate housing purchase program, after she asked for her parents to be permitted to co-sign the mortgage.  Co-Counsel: Relman & Dane 

Unfair Mortgage Lending to Spanish-Speaking Borrowers

Currently representing twelve Spanish-speaking individuals who were lured by unscrupulous mortgage brokers into predatory and unfair loans.  Settlement with one lender and one broker to date has resulted in monetary damages and injunctive relief.  Co-counsel:  Howrey LLP, Fair Housing Law Project

Second Amended Complaint

Restitution Award for Class of Local Jail Inmates

Settlement for inmates in Santa Clara County jail against the Department of Correction for improper allocation of funds designated for inmates’ welfare that instead was spent on inappropriate costs such as guards’ salaries.  Consent decree provides for the appointment of a consultant to assess inmate needs, creates enhanced oversight and auditing, and will result in $1.5 million in restitution to the IWF, over $1 million in new monies to be deposited to the IWF, and payment of attorneys’ fees and costs.  Co-counsel: Fenwick & West

Final Settlement Agreement

New Law Opens Access to Health Benefits for Foster Children

Sponsored successful bill that will remove barriers to timely health services for certain foster children who are placed by the foster care system into another county.  The bill was co-authored by California Assembly Members Alberto Torrico and Patty Berg.  Co-sponsors: Youth Law Center, Western Center on Law and Poverty

Local School District Held Accountable for Discrimination

Out-of-court settlement of discrimination allegations by parents whose child was placed in a classroom with a majority of children of the same race.  The school district denied allegations.  PILF obtained monetary settlement for family and extensive policy changes and training throughout the school district. 

Co-counsel:  Latham & Watkins, Legal Advocates for Children & Youth

Inmates’ Right to Self-Representation

Acquired contempt order and attorney fee award against the Santa Clara County jail, where jail officials closed a law library for pro per inmates without obtaining District Court permission to modify a consent decree that PILF had obtained in the 1970s.  Co-counsel: McManis Faulkner & Morgan

Order Granting in Part and Denying in Part

Order re Contempt for Violation of Consent Decree

Revamped Local Transportation Authority Policy Benefits Disabled

Successfully persuaded local transportation authority to make numerous changes in its unfair eligibility policies for paratransit services, one of which had required that individuals with disabilities appear at in-person eligibility interviews even though those individuals were unable to transport themselves to the interviews.  Co-counsel: Morrison & Foerster, Disability Rights Education & Defense Fund

Fair, Safe and Habitable Housing for Mobile Home Park Residents

Settled a federal fair housing, harassment and habitability lawsuit on behalf of 20 low-income and senior residents of Hillview Mobile Home Park.  Settlement resulted in monetary damages award and sale of the park by owner.  Co-counsel: Gray Cary, Fair Housing Law Project

Order

Justice/Language Access for Latinos Targeted in Predatory Lending

Settled a federal suit against brokers and lenders on behalf of Latino borrowers who were issued predatory loans because of their ethnicity.  Case also resulted in published federal District Court opinion establishing that predatory loans may violate the fair housing laws and that certain mortgage documents are required to be provided in Spanish.  Co-counsel: Fair Housing Law Project

Federal Funding for Bilingual Education in California

Achieved successful settlement in state court lawsuit against California Board of Education, reversing CBE policy that illegally denied federal No Child Left Behind Act funds to classrooms in which bilingual education techniques are used to educate children with limited English proficiency.  Co-counsel: Multicultural Education, Training and Advocacy; California Rural Legal Assistance; Youth Law Center; Mexican-American Legal Defense and Education Fund; Cooley Godward (representing several school officials)

Gilroy Group Home Residents Prevail in Housing Challenge

Preserved group home in Gilroy area for young men with developmental disabilities by defending state-court lawsuit filed by neighbors; achieved affirmative relief in federal lawsuit for neighbors’ fair housing violations.  Co-counsel: Law Offices of Scott Chang, Mental Health Advocacy Project

Anti-Predatory Lending Advocacy

Lobbied San José City Council for adoption of stringent anti-predatory lending legislation.  Partners: AARP, Consumers Union, Working Partnerships, California Reinvestment Committee, ACORN, Fair Housing Law Project

Improved Safety for Juvenile Hall Children

Represented group of parents whose children are in custody at Juvenile Hall in effort to reform policies that had resulted in serious injuries to several wards, an issue that was covered extensively by local media.

Positive Policy Changes for Pregnant and Parenting Teens

Addressed discrimination against pregnant and parenting students in Santa Clara County high schools by conducting an undercover test and issuing a comprehensive report, leading to a change in policy and staff training at most local high schools.  Co-counsel: Fenwick & West, Legal Advocates for Children & Youth

Report