Nicholls

Dave Nicholls appeals from the trial court’s dismissal of his complaint under the Americans with Disabilities Act of 1990 ( 42 U.S.C. § 12101 et seq.) against Holiday Panay Marina, L.P. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Respondent Holiday Panay Marina, L.P., operates a marina in Marina Del Rey, California. The marina is private, and only the marina’s tenants may use its facilities. Appellant Dave Nicholls rents a slip at the marina, where he moors his boat. Because appellant is a quadriplegic, he uses a wheelchair, which makes parts of the marina inaccessible to him. In May 2006, appellant sued respondent (and others who are not parties to this appeal) alleging the marina’s inaccessibility violated the Americans with Disabilities Act (ADA). Respondent moved for summary adjudication of appellant’s ADA claims against respondent. Respondent argued the ADA did not apply to the marina because the marina was not a “place of public accommodation.” The court agreed, and entered judgment of dismissal for respondent. This appeal followed.

DISCUSSION

1. Trial Court’s Ruling and Standard of Review

The ADA prohibits places of public accommodation from…