Settling for Defeat (Update)

Judge David Flinn rejected the tentative settlement re. Contra Costa county pedestrian access rights. Apparently he received a lot of comments against the settlement and not too much support for it. He pretty much had made up his mind, even before he began the hearing.

In fact, it was so one sided that neither Plaintiff attorney Morse Mehrban, nor anyone from his Los Angeles law office, showed up. The plaintiffs attorney seemed to be lost. Morse did send a "messenger" with three pages of notes; literally a messenger. Judge Flinn cautioned the messenger that this class action matter was a very serious law case and he should be careful as to how he is employed in such situations. The Judge was not very happy about the counsel's absence and that pretty much sealed his decision to overturn his initial ruling in favor of the settlement.

The judge will schedule another hearing in about sixty days. This hearing will be for the purpose of the possibility of coming up with a different settlement. The attorney for the cities will still be involved as well as anyone from the much expanded members of the class; or those who commented on the suit, including Terry Kilpatrick, the attorney who appeared on Pushing Limits.

Presumably, the original three plaintiffs and their "lost" attorney Mehrban would still be free to try to fashion a new settlement. This turn of events was very unusual in Judge Flinn's courtroom. In most cases, there are few objections once settlements of this kind are initially approved. But losing the counsel for the temporarily victorious three plaintiffs is an almost unheard of situation. Well, Attorney Mehrban got his little butt spanked pretty good this time by aware and knowledgeable members of the disability class.

Settling for Defeat?

Listen to the show
28 minutes

UPDATE: 9-23-09

Has a private attorney (with the cooperation of just three people with disabilities) gone too far in concocting an unusual class action settlement agreement affecting fourteen cities in Contra Costa? The proposed settlement allots five percent of a city’s gas tax on the condition that people with disabilities be prohibited from taking legal action having to do with pedestrian access--for the next 30 years.

Disability access specialist Richard Skaff and attorney Terry Kilpatrick discuss this controversy with hosts Adrienne Lauby and Eddie Ytuarte.


The 14 cities are Antioch, Brentwood, Concord, Danville, El Cerrito, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, and Walnut Creek


If you to object to the proposed class-action settlement, do something about it. Please be aware that all objections must be in writing and postmarked no later than September 8, 2009. You can either object in writing or you can write to the attorneys and the court to let them know that you plan to appear at the Superior Court hearing in Martinez at 9 a.m on September 22, 2009. You can also go to the hearing and hope to be allowed to speak. Either way, please write and get your objections on file by September 8th. A copy of your objection must be sent to each of the following people:


1. Morse Mehrban, Esq.
Law Offices of Morse Mehrban
12100 Wilshire Blvd., 8th Floor
Los Angeles, CA 90005-1206
(Attorney for Plaintiffs)



2. Eugene B. Elliot
Bertrand, Fox & Elliot
The Waterfront Building
2749 Hyde Street
San Francisco, CA 94109
(Attorney for Defendants)



3. Honorable David B. Flinn, Dep. 6
Contra Costa County Superior Court
725 Court Street
Martinez, CA 94553
(Judge Assigned to the Case)