Filed: May 08, 2019
Latest Update: May 08, 2019
Summary: JUDGMENT CORMAC J. CARNEY , District Judge . Plaintiff John Ho brought this action against Defendant Mlynarski Investors, LLC, asserting claims under the Unruh Civil Rights Act, Cal. Civ. Code 51, 52, and the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. Plaintiff's motion for summary judgment came for consideration before this Court. After considering the moving, opposition, and reply briefs, the evidence submitted by the parties and the arguments presented by the parti
Summary: JUDGMENT CORMAC J. CARNEY , District Judge . Plaintiff John Ho brought this action against Defendant Mlynarski Investors, LLC, asserting claims under the Unruh Civil Rights Act, Cal. Civ. Code 51, 52, and the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. Plaintiff's motion for summary judgment came for consideration before this Court. After considering the moving, opposition, and reply briefs, the evidence submitted by the parties and the arguments presented by the partie..
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JUDGMENT
CORMAC J. CARNEY, District Judge.
Plaintiff John Ho brought this action against Defendant Mlynarski Investors, LLC, asserting claims under the Unruh Civil Rights Act, Cal. Civ. Code §§ 51, 52, and the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. Plaintiff's motion for summary judgment came for consideration before this Court.
After considering the moving, opposition, and reply briefs, the evidence submitted by the parties and the arguments presented by the parties' respective counsel, this Court GRANTS Plaintiff's motion for summary judgment as follows:
1. The Court GRANTS Plaintiff's motion for summary judgment that the slope of the access aisles in front of stores 22912 and 22846 exceeds permissible standards under the 2010 American with Disabilities Act Accessibility Guidelines ("ADAAG").
2. The Court GRANTS Plaintiff's motion for summary judgment that the slope of the metal ramp in front of "Makkah Market" exceeds permissible standards under the ADAAG.
3. The Court GRANTS Plaintiff's motion for summary judgment that the sloping of pathways in front of CrossFit Radiance exceeds permissible standards under the ADAAG.
4. The Court GRANTS Plaintiff's motion for summary judgment that the accessible parking space in front of "Bubble Dog Grooming" lacks the required vertical signage under the ADAAG.
On May 7, 2019, the Court received Plaintiff's notice of intent to dismiss its remaining claims. (Dkt. 64.) Accordingly, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's claim that there are abrupt vertical changes and chipped concrete at Defendant's property that violate standards under the ADAAG. The Court also DISMISSES WITHOUT PREJUDICE Plaintiff's claim that pathways at Defendant's property are too narrow pursuant to the standards under the ADAAG.
As Plaintiff has prevailed in showing violations of the Americans with Disabilities Act, Plaintiff is also entitled to damages under the Unruh Civil Rights Act. See Cal. Civ. Code § 52(a). The Court hereby AWARDS Plaintiff $8,000 for the two occasions in February 2018 and February 2019 where Plaintiff was denied full and equal access.
Defendant is hereby ENJOINED and ORDERED to remedy the following architectural barriers at Defendant's property, located at 22840-22912 S. Western Ave., Torrance, CA 90501-51110, in order to ensure these features comply with the standards under the ADAAG: (1) the slope in excess of 1:48 in the access aisles in front of stores 22912 and 22846, (2) the slope in excess of 1:12 on the metal ramp in front of Makkah Market, (3) the running slope in excess of 1:20 in the pathway in front of CrossFit Radiance, and (4) the lack of a vertical sign in front of Bubble Dog Grooming.
Pursuant to the relevant statutes, Plaintiff may recover reasonable attorneys' fees. See 42 U.S.C. § 12205; Cal. Civ. Code § 52(a). Plaintiff is entitled to costs according to proof.
IT IS SO ORDERED.
