United States District Court, E.D. California
Decided April 14, 2014
[Copyrighted Material Omitted]
For Robert Kalani, Plaintiff: Tanya E. Moore, LEAD ATTORNEY, Moore Law Firm, P.C., San Jose, CA.
For Fujinaka Properties, L.P., Castle Village LLC, Defendants: Catherine M. Corfee, LEAD ATTORNEY, Corfee Stone and Associates, Carmichael, CA; James L. Brunello, LEAD ATTORNEY, James L. Brunello, Attorney at Law, El Dorado Hills, CA.
LAWRENCE K. KARLTON, SENIOR UNITED STATES DISTRICT JUDGE.
Plaintiff is a wheelchair-bound resident of a mobile home park. He sues defendants under Title III of the Americans with Disabilities Act (" ADA" ), 42 U.S.C. § 12182 (prohibiting discrimination based on disability in " public accommodations" ), and California state law, including the Unruh Act, Cal. Civ. Code § 51(f). The Second Amended Complaint (" Complaint" ) alleges that plaintiff has been denied full and equal access to facilities associated with the park - and that are available to the general public. Plaintiff specifically names the " Clubhouse" and its restroom, the sales and rental office located in the Clubhouse, and the parking lot serving the office and the Clubhouse, as non-accessible, public facilities. The Complaint seeks injunctive relief under the ADA, and damages under state law. The parties cross-move for summary judgment.
Defendants assert that (1) the court lacks subject matter jurisdiction because the mobile home park is not a public accommodation, (2) the Clubhouse is a " private club" and therefore exempt from the ADA pursuant to 42 U.S.C. § 12187 (incorporating 42 U.S.C. § 2000a(e)), (3) plaintiff lacks standing because he did not use these facilities as a member of the public, (4) defendants do not " operate, lease or manage" the facilities at issue, (5) defendants have now mooted the case by excluding the general public, and (6) the court should not exercise supplemental jurisdiction over the state claims.
Plaintiff asserts that (1) the Clubhouse and its restroom, the office and the parking lot are public accommodations, (2) he encountered architectural barriers when attempting to use these facilities, (3) an architectural barrier still bars access to the rental office, even after the other facilities were fixed, (4) defendants are jointly and severally liable, and (5) the claim regarding the removed barriers is not moot because California's Unruh Act provides for damages for encountered barriers without regard to whether they have since been fixed (Cal. Civ. Code § 52(a)).
I. MATERIAL FACTS
1. Plaintiff Kalani is a person with a disability. Plaintiff's Statement of Undisputed Facts in Support of Motion for Summary Judgment (" PSUF" ) (ECF No. 41-7) ¶ ¶ 1-4. Kalani cannot walk at all, and since 2002 or 2003, has used a wheelchair for mobility. Id. ¶ 4.
2. In 2004, plaintiff's wife purchased a mobile home at Castle Mobile Home Park in Ione, CA. Defendants' Separate Statement of Undisputed Facts in Support of Motion for Summary Judgment/Partial Summary Judgment; Request for Sanctions" (" DSUF" ) (ECF No. 35-8) ¶ 9;  Deposition of Robert Kalani (January 16, 2014) (" Kalani Depo." ) (ECF No. 35-4) at 27-28. ...