Skaff

I. BACKGROUND

A. Underlying Facts and Skaff’s Lawsuit2 The Rio Nido Roadhouse (Roadhouse) is a restaurant and bar in Guerneville. Skaff is disabled and uses a wheelchair. In 2012, he tried to patronize the Roadhouse. When he arrived, he could not find an available parking spot in the south-facing parking lot (south lot) large enough to accommodate his van with the required clearance space and he could not see a wheelchair-accessible way to enter the Roadhouse from the south lot. He

2 The facts leading to Skaff’s lawsuit and the issues addressed in the

prior appeal are summarized in further detail in Skaff I, supra, 55 Cal.App.5th 522.

2 drove away and did not attempt to enter the establishment. (Skaff I, supra, 55 Cal.App.5th at pp. 528–530.) In August 2013, Skaff filed a complaint against Lowbrau for disability discrimination alleging two causes of action under (1) section 19955 et seq., and (2) the Unruh Act. (Skaff I, supra, 55 Cal.App.5th at pp. 527, 530.) The section 19955 claim alleged the Roadhouse had undergone alterations which triggered disability access requirements.3 The Unruh Act claim alleged violation of the Americans with Disabilities Act (42 U.S.C. § 12101 et…