Facts

On April 27, 2021, Gerardo Hernandez visited Caliber Collision located at 123 California Drive in Burlingame, California, which was owned and operated by Caliber Bodyworks LLC. Hernandez is substantially limited in his ability to walk and must use a wheelchair for mobility. Hernandez visited Caliber Collision to repair his car and unloaded from his vehicle while parked in the driveway. Hernandez filed an action against Caliber Bodyworks LLC, alleging violations of Title III of the Americans with Disabilities Act (ADA), California's Unruh Civil Rights Act, and California Health and Safety Codes. Caliber filed a motion to dismiss on November 11, 2021, which the court converted into a motion for summary judgment on January 18, 2022. Kristina Murti, trustee of the Duane B. Busch Charitable Remainder Unitrust, joined Caliber's motion to dismiss on January 31, 2022.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that when he arrived at defendant's shop he could not locate any designated accessible parking spaces in the parking lot and did not see an accessible loading area in which to transfer his wheelchair. Plaintiff argued that defendant's employees saw him unloading and did not direct him to another location to park and unload. He alleged that the facility provided parking and/or loading for able-bodied customers but did not offer an accessible alternative for wheelchair users, which denied him the ability to safely drop off his vehicle for service and estimates. Thus, plaintiff maintained that defendants violated the 1991 ADA Accessibility Guidelines and 2010 ADA Standards for Accessible Design by failing to remove architectural barriers in its facility, design an accessible facility, make an altered facility accessible, modify policies and procedures, and maintain accessible features.

DEFENDANT'S CONTENTIONS: Defendant contended that the driveway used by plaintiff is not for customer parking and instead is for vehicles that are in phases of repair. Thus, defendant maintained the driveway is not subject to the specific laws plaintiff alleged.

Result

Defendant's motion for summary judgment was granted.