Jankey

Les Jankey (Jankey), a person with a disability who uses a wheelchair for mobility, brought an action against Song Koo Lee (Lee), the owner of K & D Market, a small grocery/liquor store in San Francisco's Mission District. The suit alleges that Lee discriminated against Jankey on the basis of his disability because architectural barriers denied him entry to the market. Jankey's action sought, among other relief, parallel causes of action for injunctive relief pursuant to the Americans with Disabilities Act of 1990 ( 42 U.S.C. § 12101 et seq.; ADA) and the California Disabled Persons Act (Civ. Code, § 54 et seq.; CDPA). The court entered summary judgment on all causes of action for Lee, which is not at issue in this appeal.

Instead, this appeal is from an order awarding Lee his attorney fees in the amount of $118,458 under Civil Code section 55 [1] (Section 55), which mandates that the prevailing party in an action to enjoin a violation of disability access requirements " shall be entitled to recover reasonable attorney's fees." (Italics added.) Relying on the Ninth Circuit's decision in Hubbard v. SoBreck, LLC (9th Cir. 2008) 531 F.3d 983 ( Hubbard I ), opinion…