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Jon Carpenter v. Raintree Realty

July 2, 2012

JON CARPENTER
v.
RAINTREE REALTY, LLC



The opinion of the court was delivered by: R. Gary Klausner, United States District Judge

JS-6

CIVIL MINUTES - GENERAL

Present: The Honorable R. GARY KLAUSNER, UNITED STATES DISTRICT JUDGE

Sharon L. Williams Not Reported N/A

Deputy Clerk Court Reporter / Recorder Tape No.

Attorneys Present for Plaintiffs: Attorneys Present for Defendants:

Not Present Not Present

Proceedings: (IN CHAMBERS) Order Re: Defendant's Motion for Summary

Judgment (DE 16)

INTRODUCTION

On May 26, 2011, Jon Carpenter ("Plaintff") filed a Complaint in Los Angeles County Superior Court against Raintree Realty, LLC ("Defendant"). Defendant removed the case to this Court on August 18, 2011 on the basis of federal question jurisdiction under 28 U.S.C. § 1331. Plaintiff has not clearly stated on what legal basis he brings his claims for relief, instead he cites a variety of statues and lists a number of remedies. The Court will construe Plaintiff's Complaint as stating a claim for injunctive relief under the Americans with Disabilities Act ("ADA"), specifically 42 U.S.C. § 12182, and a claim for damages under the Unruh Act, California Civil Code § 51.

Presently before the court is Defendant's Motion for Summary Judgment. For the reasons described above, the Court DISMISSES Plaintiff's claim under the ADA as moot and REMANDS Plaintiff's claim under the Unruh Act.

FACTUAL BACKGROUND

Plaintiff is a wheelchair bound individual who drives a van equipped with a wheelchair ramp that extends from the side of his vehicle allowing him to enter and ...


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