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Oliver v. KFC Corp.

July 14, 2008

A.J. OLIVER, PLAINTIFF,
v.
KFC CORPORATION D/B/A KFC STORE AND PURCELL WEBB, DEFENDANTS.



The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER (1) DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, (2) GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, (3) DISMISSING FEDERAL CLAIM (4) DECLINING SUPPLEMENTAL JURISDICTION OVER STATE LAW CLAIMS, (5) #Y450025; TRUSTEE DISMISSING STATE-LAW OF THAT CERTAIN REVOCABLE TRUST CLAIMS WITHOUT PREJUDICE DATED NOVEMBER 10, 1982, (Doc. Nos. 35 & 41)

A.J. Oliver ("plaintiff"), a wheelchair-bound stroke victim, brings the present action for alleged violations of federal and state disability laws at the Kentucky Fried Chicken restaurant at 1056 13th Street in Imperial Beach. The defendants in the action are the KFC Corporation ("KFC") and Purcell Webb, Trustee of That Certain Revocable Trust Dated November 10, 1982 ("Webb Trust"). The Webb Trust is the landlord for KFC's restaurant in Imperial Beach. (See Webb Trust Reply ISO MSJ, at 2.)

Presently before the Court are cross-motions for summary judgment. Plaintiff moves for summary judgment on three violations of federal and state disability laws which KFC had not remedied since the filing of the present action.*fn1 KFC moves for summary judgment on the entirety of plaintiff's federal claim, including the alleged violations which KFC voluntarily remedied, and asks the Court to decline supplemental jurisdiction over the state-law causes of action. The Webb Trust joins in KFC's motion.

BACKGROUND

In 1993, plaintiff suffered a stroke resulting in paralysis on the right side of his body, very limited vision in his right eye, and an inability to stand upright for more than a short period. (Oliver Decla. ISO MSJ ¶¶ 2-4.) Although plaintiff cannot drive, he possesses a disabled placard issued by the California Department of Vehicles. (Id. ¶ 7.) Plaintiff's current residence is about six-tenths of a mile away from the KFC restaurant at issue. (Id. ¶ 9.) Plaintiff has receipts documenting his visits to the restaurant on August 28, 2006; September 26, 2006; March 13, 2007; March 14, 2007; and April 30, 2007.*fn2 (Id. ¶ 10.)

On October 10, 2006, plaintiff filed his complaint alleging the existence of various architectural barriers that prevented him from enjoying full and equal access to the restaurant. (Doc. No. 1 ¶ 10.) Plaintiff alleged a federal cause of action under the Americans with Disabilities Act, giving rise to original jurisdiction. (Id. ¶ 3.) Plaintiff alleged state-law causes of action under the Disabled Persons Act, Unruh Civil Rights Act, and denial of full and equal access to facilities-all subject to the Court's supplemental jurisdiction. (Id. ¶ 4.)

KFC answered the complaint on November 13, 2006. (Doc. No. 4.) The Webb Trust answered the complaint on November 14, 2006. (Doc. No. 7.)

Plaintiff filed his present motion for summary judgment on October 1, 2007. (Doc. No. 35.) KFC filed its amended*fn3 motion for summary judgment on January 4, 2008. (Doc. No. 41.)

The Webb Trust filed its notice of joinder in KFC's motion on January 7, 2008. (Doc. No. 42.)

KFC opposed plaintiff's motion for summary judgment on January 18, 2008. (Doc. No. 48.) That same day, the Webb Trust joined in KFC's opposition. (Doc. No. 47.)

Plaintiff filed a reply in support of his motion on January 25, 2008. (Doc. No. 50.) That same day, the Court granted plaintiff's request for a Rule 56(f) continuance to file his opposition to KFC's motion so that plaintiff's expert could conduct a second site inspection. (Doc. No. 50.)

Plaintiff filed his opposition to KFC's motion on March 7, 2008. (Doc. No. 51.) KFC filed its reply on March 14, 2008. (Doc. No. 52.) The Webb Trust joined in KFC's reply the same day. (Doc. No. 53.)

Although originally assigned to the Hon. John A. Houston, this action was reassigned to the Hon. Janis L. Sammartino on October 5, 2007.

Pursuant to the Court's Order granting the Rule 56(f) continuance, the Court set a date for oral argument after the completion of briefing on KFC's motion. However, the Court subsequently vacated the oral argument, finding the cross-motions appropriate for disposition on ...


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