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Rocca v. Den 109 LP

United States District Court, C.D. California

June 13, 2017

MICHAEL ROCCA, Plaintiff,
v.
DEN 109 LP dba DENNY'S #7425; FRITZ MOLLER; and GEISELA MOLLER, Defendants.

          ORDER GRANTING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES AND COSTS [74]

          HON. OTIS D. WRIGHT II UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Before the Court is Plaintiff Michael Rocca's motion for attorneys' fees. (ECF No. 74.) For the following reasons, the Court GRANTS Plaintiff's motion and awards him $47, 299.31.

         II. FACTUAL BACKGROUND

         Plaintiff is a paraplegic who uses a wheelchair for mobility and a “mobility equipped vehicle when traveling.” (Compl. ¶ 8, ECF No. 1.) Defendants Fritz and Geisela Moller are associated with Defendant Den 109 LP, a Denny's restaurant in Lynwood, California. (Id. ¶ 2.)

         Plaintiff visited the Denny's in question “and encountered barriers” that interfered with his ability to “enjoy the goods, services, privileges, and accommodation offered at the facility.” (Id. ¶ 10.) Plaintiff allegedly encountered fifteen distinct barriers during his visit:

1. Parking lot access aisles with a slope exceeding two percent;
2. Parking lot access aisles without a painted “No Parking” label;
3. Disabled parking spots with slopes and cross slopes exceeding two percent;
4. Incorrect signage for the van accessible parking space;
5. Incorrect tow-away signage for the disabled parking spaces;
6. Absence of a handle-mounted door lock in the water closet;
7. Absence of a self-closing door in the water closet;
8. A waste receptacle that obstructs access to the water closet;
9. A toilet tissue dispenser that obstructs the use of a side-grab bar;
10. A toilet tissue dispenser that is too far from the back wall;
11. A toilet tissue dispenser that is too far from the front of ...

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