John Whitbread v. Gadi's Bar and Grill, Gadi's Restaurant and Bar, Gdalyahu Okevi, and Does 1 through 11 and 12-20, inclusive
Published: Aug. 7, 2020 | Result Date: May 29, 2020 | Filing Date: Feb. 5, 2019 |Case number: 5:19-cv-00236-JGB-SHK Bench Decision – $45,760
Judge
Court
CD CA
Attorneys
Plaintiff
Anthony E. Goldsmith
(Derby, McGuinness & Goldsmith LLP)
Celia L. McGuinness
(Derby, McGuinness & Goldsmith )
Steven L. Derby
(The Derby Law Firm)
Defendant
Estefan M. Encarnacion
(Fidelis Law APC)
Facts
Plaintiff John Whitbread filed suit against Defendants Gadi's Bar and Grill under the Americans with Disabilities Act and California's Unruh Civil Rights Act alleging he was subjected to disability discrimination.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended defendant denied him access to reasonable accommodations by creating or failing to remove physical barriers to those disabled, which prevented disability access at the restaurant and its parking areas.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and further contended its facilities complied with the Disabilities Act Accessibility Standards.
Result
Plaintiff was awarded $8,000 in statutory damages under UCRA, $21,500.60 in attorneys' fees, $15,167.08 in expenses, and $1,092.34 in costs, for a total amount of $45,760.02. Additionally, defendant agreed to remove all barriers and to remediate all entrances and exits to meet current access standards.
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