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Shaw v. Jar-Ramona Plaza LLC

United States District Court, C.D. California

March 27, 2017

CECIL SHAW
v.
JAR-RAMONA PLAZA LLC ET AL.

          Attorneys Present for Plaintiffs: Tanya Moore

          Attorneys Present for Defendants: Richard Leonard

          Present: The Honorable CHRISTINA A. SNYDER JUDGE

          CIVIL MINUTES - GENERAL

         Proceedings:DEFENDANT JAR-RAMONA PLAZA'S MOTION FOR ATTORNEYS' FEES (Dkt. 119, filed February 22, 2017)

         I. INTRODUCTION AND PROCEDURAL BACKGROUND

         On March 24, 2015, plaintiff voluntarily dismissed the action with prejudice. See Dkt. 112. However, some discussion of the case's procedural history is appropriate before discussing the instant motion for attorneys' fees.

         Plaintiff requires the use of a wheelchair when traveling in public. On August 29, 2013, Cecil Shaw filed an action against defendants JAR-Ramona Plaza, LLC ("JAR"), Leslie's Poolmart ("Leslie's"), Dollar Tree Stores, Inc. ("Dollar Tree"), Radio Shack Corporation ("Radio Shack"), Grocery Outlet, Inc. ("Grocery Outlet"), Grocery Outlet Hemet #100 Inc. ("Grocery Outlet #100"), and Mehnga Foods, doing business as Subway #33424 ("Subway").[1] Dkt. 1 ("Complaint"). In his complaint, plaintiff alleged claims under certain provisions of (1) the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12182-83, (2) California's Unruh Act, Cal. Civ. Code § 51, et seq., and (3) California Health and Safety Code § 19955. Id. The gravamen of plaintiff s allegations was that he faced numerous barriers at a shopping plaza owned by JAR and that those barriers violated laws protecting those in wheelchairs.

         On January 7, 2014, JAR filed a motion for summary judgment. Dkt. 34. On February 10, 2014, JAR's motion for summary judgment was denied, in part, and granted, in part. Dkt. 48.[2] Regarding plaintiffs allegations that a door to Radio Shack was too narrow, Compl. ¶ 10(c)(2), the Court treated plaintiffs opposition as a request for leave to amend the complaint, which the Court granted. Dkt. 48.

         On April 23, 2014, plaintiff filed a First Amended Complaint ("FAC"). The FAC described many of the same alleged obstacles in the original Complaint and added some new alleged obstacles relating to the Radio Shack entrance at the shopping plaza. See generally FAC ¶ 10(b).

         On September 25, 2014, JAR filed a new motion for partial summary judgment regarding "remaining common area issues" at the shopping plaza. Dkt. 81. Specifically, JAR challenged plaintiffs two claims for damages under the Unruh Act that were predicated on the alleged inadequacy of the shopping plaza parking lot. JAR did not seek summary judgment regarding other alleged obstacles at the shopping plaza. The Court denied JAR's motion, concluding that there was a material issue of disputed fact regarding whether the alleged parking issues had existed in September 2011, when plaintiff claimed to have visited the shopping plaza. Dkt. 93 at 9.

         On January 28, 2015, plaintiff filed a motion for summary judgment with respect to four of the barriers alleged in the FAC.[3] Dkt. 98. On March 16, 2015, the Court denied plaintiffs motion for summary judgment. Dkt. 110.

         On March 24, 2015, the parties stipulated to the dismissal of the action with prejudice. Dkt. 112. The parties stipulated that:

1. This action be and hereby is dismissed with prejudice in its entirety.
2. This dismissal is intended to result in a final decision from which an appeal may be taken.
3. This dismissal is not the result of a settlement or other understanding ...

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