United States District Court, C.D. California
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CHRISTINA A. SNYDER UNITED STATES DISTRICT JUDGE
September 29, 2015, plaintiff Samuel Love filed a complaint
against Jesus Garcia, Faviola I. Garcia, and Does 1-10
(collectively “defendants”) asserting claims for
violations of (1) the Americans with Disabilities Act, 42
U.S.C. §§ 12101 et seq. (“ADA”) and (2)
California's Unruh Civil Rights Act, California Civil
Code §§ 51 et seq. (“Unruh Act”). Dkt.
1 (“Compl.”). The gravamen of plaintiff's
complaint is that he visited defendants' business in both
November 2013 and September 2015. During each visit,
plaintiff alleges he was deterred from parking his vehicle
and entering defendants' store because of barriers he
encountered in defendants' parking lot.
September 26, 2016, the Court concluded that defendants'
business was, as of that date, ADA-compliant. Dkt. 34.
Because the only remedy available pursuant to the ADA is
injunctive relief, the Court granted summary judgment in
favor of defendants with respect to plaintiff's ADA
claim, but exercised supplemental jurisdiction over
plaintiff's Unruh Act claim. Id.
case proceeded to a bench trial on April 4, 2017. Although
plaintiff's complaint alleged disability discrimination
in both November 2013 and September 2015, Compl. ¶ 9, on
the morning of trial, plaintiff elected to proceed only on
the alleged November 2013 violation of the Unruh Act. The
Court heard testimony from plaintiff, J. Garcia, and Jason
James, a certified access specialist. The Court also heard
argument from counsel. After considering the parties'
arguments and the evidence introduced at trial, the Court
finds and concludes as follows.
FINDINGS OF FACT
Samuel Love is a disabled man who cannot ambulate without a
wheelchair. April 4, 2017 Transcript (“TR”) at
Jesus Garcia and Faviola Garcia are, and were at all relevant
times, the owners and operators of “Chuy's Market,
” a convenience store located at 9878 Mission Boulevard
in Riverside, California. Id. 35:18-25.
November 2013, Love traveled from his home in Beaumont,
California, to a residence in Riverside, California in order
to purchase a vehicle part for a Jeep. Id. 24:8-25.
After buying a Jeep part from a residence nearby, while
traveling eastbound on Mission Boulevard, Love turned left
onto the side street adjacent to Chuy's Market and then
turned right into the Chuy's Market parking lot -
intending to visit Chuy's Market. Id. 26:3-14.
After turning into the parking lot outside Chuy's Market,
Love noticed that there were no parking spaces marked for the
handicapped. Id. 13:17-25.
November 2013, the parking lot outside Chuy's Market had
no parking lines drawn on the pavement - it was a bare
concrete lot running along the storefront and around the
western wall of the building. Id. 14:17-15:18,
Plaintiff's Exhibits 1-D & 1-E.
looked at the entire parking lot and could not identify any
marked spaces for the disabled. Id. 13:20-23.
lack of marked parking spaces for the handicapped caused Love
some difficulty because he feared parking in a space that was
not marked. Id. 13:16-17; 14:1-4. Because Love
relies upon a wheelchair to ambulate, he requires additional