Sandi Rush v. Bebe Stores Inc

Filing 38

UNCONTROVERTED OF FACT AND CONCLUSIONS OF LAW signed by Judge Manuel L. Real. (shb)

1
2
3
4
5
6
7
8
9

LARRY SMITH (SBN 168148)
JENNIFER OTTER (SBN 266166)
BEBE STORES, INC.
400 Valley Dr.
Brisbane, California 94005
Telephone: [phone]
Facsimile: [phone]
[e-mail]
IAN W. WADE, Bar No. 229150
LITTLER MENDELSON
A Professional Corporation
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
Telephone: [phone]
Facsimile: 310.553.5583
E-mail: [e-mail]

10
11

Attorneys for Defendants
bebe stores, inc.

12
13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15

SANDI RUSH,

16

Case No. CV11-09979 R (JCGx)
Plaintiff,

17

v.

18

BEBE STORES, INC. dba BEBE #225,

19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

Defendant.

UNCONTROVERTED FACTS AND
CONCLUSIONS OF LAW

1
2
3
4
5
6
7
8
9

LARRY SMITH (SBN 168148)
JENNIFER OTTER (SBN 266166)
BEBE STORES, INC.
400 Valley Dr.
Brisbane, California 94005
Telephone: [phone]
Facsimile: [phone]
[e-mail]
IAN W. WADE, Bar No. 229150
LITTLER MENDELSON
A Professional Corporation
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
Telephone: [phone]
Facsimile: 310.553.5583
E-mail: [e-mail]

10
11

Attorneys for Defendants
bebe stores, inc.

12
13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15

SANDI RUSH,

16

Case No. CV11-09979 R (JCGx)
Plaintiff,

17

v.

18

BEBE STORES, INC. dba BEBE #225,

19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

Defendant.

UNCONTROVERTED FACTS AND
CONCLUSIONS OF LAW

1

In accordance with Rule 56 of the Federal Rules of Civil Procedure, the Motion

2

for Summary Judgment of Defendant bebe stores, inc. (“Defendant”) came on

3

regularly for hearing on September 17, 2012, the Honorable Manuel L. Real, United

4

States District Judge presiding.

5

The Court, having considered the points and authorities submitted by the

6

parties, the declarations and exhibits thereto, the relevant pleadings and papers on file

7

with the Court and having heard the oral argument or counsel thereon, and having

8

fully considered the law and facts disclosed by this record, hereby makes the

9

following findings on uncontroverted facts and conclusions of law:

10

STATEMENT OF UNCONTROVERTED FACTS

11
12

1.

bebe stores, inc.’s retail store #225, is located in the Shops at Dos Lagos

mall located at 2785 Cabot Drive, Suite 155, Corona, CA 92883 (the “Store”).

13

2.

The Store was constructed in 2006 with an opening date of December 15,

15

3.

The Store has a single entrance located on Cabot Drive.

16

4.

When the Store was built, bebe’s construction team and its architects,

14

2006.

17

headed by Bernadette Bouwkamp and Otis Lynn Reynolds, crafted a specially

18

designed checkout counter (the “Counter”).

19
20
21
22

5.

The Counter contained two lowered portions on each side, which pulled

out to allow disabled customers in wheelchairs checkout counter access.
6.

The Counter’s access points pulled out from the end of the counter and

measured 32 inches off the finished floor and, when extended, 37 inches wide.

23

7.

The underside of the pull out was unobstructed.

24

8.

In the back of the Store, customer dressing rooms were built before the

25

store opening.

26
27
28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

9.

The Store has a dressing room designed for disabled customers which

contains a bench that is 24 inches wide and 60 inches long.

1

10.

1
2

Store was not remodeled.
11.

3
4

Between its initial construction and Plaintiff’s visit on June 15, 2011, the

In April 2012, several of the Checkout counters in bebe’s stores were

removed and replaced for aesthetic purposes.

5

12.

The Store’s checkout counter was among those replaced.

6

13.

On June 15, 2011, Plaintiff and her attorney visited the Store.

7

14.

Plaintiff had no trouble entering the Store.

8

15.

While in the room, Plaintiff transferred from her chair to the bench and

9

tried on the shirts.

10

CONCLUSIONS OF LAW

11
12

1.

Was Not Required To Have An ISA At Its Only Entrance.

13
14

2.

3.

Plaintiff’s First Claim for Relief Under The ADA Fails Because Defendant’s
Dressing Room Bench Was An Equivalent Facilitation Under the ADA.

17
18

Plaintiff’s First Claim for Relief Under The ADA Fails Because Defendant’s
Checkout Counter Complied With The ADAAG Requirements.

15
16

Plaintiff’s First Claim for Relief Under The ADA Fails Because Defendant

4.

Plaintiff’s Second Through Fourth Causes of Action Are Dismissed Without

19

Prejudice Because This Court Declined To Exercise Supplemental

20

Jurisdiction Over These Claims.

21
22

Dated: October 11, 2012

23
24

_____________________________
HONORABLE MANUEL L. REAL
U.S. DISTRICT COURT JUDGE

25
26

Firmwide:114910855.1 028164.1052

27
28
LITTLER MENDELSON, P.C.
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
310.553.0308

2