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Heifetz v. Health & Taste Investment Group, LLC

United States District Court, N.D. California

July 21, 2016

SHELBY GAIL HEIFETZ, Plaintiff,
v.
HEALTH & TASTE INVESTMENT GROUP, LLC, a California limited liability company d/b/a THE ORIGINAL PANCAKE HOUSE; RODRIGUES HOLDINGS, LLC, a California limited liability company; GARY E. RODRIGUES, an individual; and DOES 1-10, Inclusive, Defendants.

          Irene Karbelashvili, State Bar Number 232223 LAW OFFICE OF IRENE KARBELASHVILI Attorneys for SHELBY GAIL HEIFETZ, Plaintiff

          Brian K. Nagatani, State Bar Number 208632 HIXSON NAGATANI LLP Attorneys for Defendant, HEALTH & TASTE INVESTMENTS GROUP, LLC

          Neil Turner Medeiros, State Bar Number 256734 Buchman Provine Brothers Smith LLP Attorneys for Defendants, RODRIGUES HOLDINGS, LLC and GARY E. RODRIGUES

          CONSENT DECREE AND ORDER

          Hon. Kandis A. Westmore, United Sates Magistrate Judge

         1. On April 20, 2015 SHELBY GAIL HEIFETZ ("Plaintiff) filed a Complaint in this action, and on January 20, 2016, Plaintiff filed a First Amended Complaint. Plaintiff alleges that Defendants HEALTH & TASTE INVESTMENT GROUP, LLC, a California limited liability company d/b/a THE ORIGINAL PANCAKE HOUSE; RODRIGUES HOLDINGS, LLC, a California limited liability company; and GARY E, RODRIGUES, an individual (collectively "Defendants"), violated Title III of the ADA; sections 51, 52, 54, 54.1, and 54.3 of the California Civil Code; sections 19955 et seq. of the California Health & Safety Code; and sections 17200, et seq. and 17500 et seq. Of the California Business and Professions Code by failing to provide full and equalaccess to their facilities at or about2059 Contra Costa Blvd in Pleasant Hill, California 94523 {"Subject Property").

         2. Defendants at all times denied any violation of law and nothing in this Consent Order constitutes an admission by Defendants of any violation of Title III of the Americans with Disabilities Act, its enabling regulations, California state law, or of any of the allegations made by Plaintiff in this lawsuit.

         3. Plaintiff and Defendants (collectively the "Parties") hereby enter into this Consent Decree and Order for the purpose of resolving injunctive relief issues in this lawsuit without the need for protracted litigation.

         JURISDICTION;

         4. The Parties to this Consent Decree and Order agree that the Court has jurisdiction of this matter pursuant to 28 U.S.C. section 1331 for alleged violations of the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. and pursuant to supplemental jurisdiction .for alleged violations of California Health & Safety Code sections 19955 et seq.; California Business and Professions Code sections 17200 et seq. and 17500 et seq.; Title 24, California Code of Regulations; and California Civil Code sections 51, 52, 54, 54.1, and 54, 3, WHEREFORE, the Parties to this Consent Decree hereby agree and stipulate to the Court's entry of this Consent Decree and Order, which provides as follows; CONSENT DECREE AND [PROPOSED] ORDER; Case No. 4:15-cv-01780-KAW

         SETTLEMENT OF INJUNCTIVE RELIEF:

         5. This Order shall be a full, complete, and final disposition and settlement of Plaintiff s injunctive relief claims against Defendants. The Parties agree that there is no admission or finding of liability, guilt or violation of the law, and that this Consent Decree and Order should be not be construed as such, 6. The Parties agree and stipulate that the corrective work will be performed in compliance with the standards and specifications for disabled access as set forth in the California Code of Regulations, Title 24-2, and the Americans with Disabilities Act Accessibility Guidelines, unless other standards are specifically agreed to in this Consent Decree and Order,

a) Remedial Measures: Defendants shall perform the following remedial work pursuant to ADAAG and Title 24 at the Subject Property: Parking Lot
a. Install wheel stops to prevent encroachment of cars over the required ...

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