Shirley Lindsay v. A-Can, LLC et al

Filing 40

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT by Judge R. Gary Klausner. Related to: Order on Motion for Summary Judgment 37 (MD JS-6, Case Terminated). (ah)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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Shirley Lindsay,

Case: 2:14-CV-09888-RGK-PLA

Plaintiff,
v.

[Proposed] ORDER GRANTING
PLAINTIFF’S MOTION FOR
SUMMARY JUDGMENT

A-Can, LLC, a California Limited
Liability Company; and
Juzer Saifee,
Defendants.

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Upon review of Plaintiff’s Motion for Summary Judgment, and the

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documents and exhibits filed therewith, the court finds that the Plaintiff has

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provided the facts necessary to establish that a violation under the Americans

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with Disabilities Act has occurred, and is entitled to an injunction, as well as

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damages under the California Unruh Civil Rights Act. Therefore, after

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consideration of the briefs and arguments of counsel, and all other matters

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presented to the Court, it is hereby ORDERED that plaintiff’s motion for

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summary judgment is GRANTED.

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Plaintiff is entitled to:

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1. An Order from the Court directing defendants to provide accessible
parking; 28 C.F.R. § 36.211(a); and
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[proposed] ORDER

Case No. 2:14-CV-09719-AB-ASX

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2. A single statutory penalty in the amount of $4,000 for her encounter of
the parking barrier. Cal. Civ. Code § 55.56.

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Dated: March 2, 2016

By:
GARY R. KLAUSNER
UNITED STATES DISTRICT JUDGE

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[proposed] ORDER

Case No. 2:14-CV-09719-AB-ASX