Whitaker

Filed 12/3/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

LANDIS’ LABYRINTH, INC., B339581

Plaintiff and Appellant, Los Angeles County Super. Ct. No. v. 23STCV00964

BRIAN WHITAKER et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Timothy Patrick Dillon and Rolf M. Treau, Judges. Reversed in part, affirmed in part.

Samuel T. Rees for Plaintiff and Appellant.

Hannah Law, Jeffrey Hannah and Russell Handy for Defendants and Respondents. _________________________ Landis’ Labyrinth, Inc. (Landis) appeals a judgment in a malicious prosecution action. In the underlying case, Brian Whitaker sued Landis for violating the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq., the ADA) and the Unruh Civil Rights Act (Civ. Code, § 51 et seq., the Unruh Act).1 Russell Handy and his firm, Potter Handy, LLP, represented Whitaker in the action. Whitaker alleged he visited Landis’s toy store but was dissuaded from making a purchase because the sales counter was too high for him to use…