People Ex Rel. Deukmejian v. CHE, Inc.

The People and the Director of the State Department of Rehabilitation (plaintiffs) appeal a summary judgment for CHE, Inc., doing business as the Chart House Restaurant, City of Oceanside and its Director of Building and Housing, Fritz Stagliano, on their complaint seeking to compel CHE to provide a legally sufficient access for the physically handicapped and to mandate the city and Stagliano to enforce compliance with legal requirements. Applicable statutory and regulatory schemes and the circumstances of this case show there are several remaining triable issues of fact. We reverse.

Factual and Procedural Background

In August 1976, CHE leased a parcel of unimproved waterfront property from the Oceanside Smallcraft Harbor District (District) upon which to build its “Chart House Restaurant.” Configuration of the parcel and the District’s retention of an easement for pedestrian access along the waterfront, required constructing a multistory building, with the upper portion housing the dining and bar areas and cantilevered over the easement. The smaller first floor was used by restaurant personnel as a service area. Access to the dining and bar areas for able-bodied…