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Civil Rights
ADA
Unruh Civil Rights Act

Raul Uriarte v. Bernardo V. Soria, Celia Hernandez Soria, J. Bernardo H. Soria, and Does 1 to 10

Published: Dec. 3, 2016 | Result Date: Oct. 26, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-01856-DMG-JC Summary Judgment –  Plaintiff

Court

USDC Central


Attorneys

Plaintiff

Phyl Grace
(Center for Disability Access)

Raymond G. Ballister Jr.
(Center for Disability Access)

Mark D. Potter
(Potter Handy LLP)

Dennis J. Price II
(Center for Disability Access)


Defendant

A. Douglas Mastroianni
(Mastroianni Law Firm)


Facts

Plaintiff is paraplegic and uses a wheelchair for mobility. Plaintiff filed suit against defendants Bernardo Soria, Celia Soria, and J. Bernardo Soria, owners of Ed's Garage in Compton, claiming the garage had no accessible parking space for people with disabilities.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that when he visited Ed's Garage it lacked a compliant accessible handicap parking space for people with disabilities that complied with the Americans with Disability Act Accessibility Act guidelines.

In his first amended complaint, he sought damages and injunctive relief for violations of American's with Disabilities Act and the Unruh Civil Rights Act.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations and asserted various affirmative defenses.

Result

The court granted plaintiff's motion for summary judgment seeking an order requiring defendants to install an accessible parking space at their property and a $4,000 penalty.

Other Information

FILING DATE: March 12, 2015.


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