Doran

Doran v. Del Taco, Inc.

Bad Law
373 F. Supp. 2d 1028·2005 WL 3560648·2005 U.S. Dist. LEXIS 11360
United States District Court, Central District of CaliforniaJune 9, 2005SA CV 03 1223GLTDACalifornia2,578 words

Opinion

Opinion

Taylor, J.

ORDER ON ATTORNEYS’ FEES

Synthesizing current authorities, the Court holds it is a proper exercise of discretion to require a pre-litigation unambiguous warning notice to the defendant and a reasonable opportunity to cure the violation as a prerequisite to recovering attorneys’ fees under the federal Americans with Disabilities Act or similar state statutes.

I. BACKGROUND

Plaintiff Jerry Doran is a paraplegic who requires a wheelchair and a mobility-equipped vehicle to travel in public. Plaintiff visited Defendants’ Del Taco restaurant in Costa Mesa, California, where he alleges he encountered architectural barriers denying him full and equal access to the restaurant. Plaintiff sued, alleging Defendants violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 (1995), and related state laws.

The parties reached a settlement, under which Plaintiff released all claims for equitable relief against Defendants in exchange for Defendants’ promise to remedy the architectural barriers and pay $4,000.00 in monetary damages. The settlement left determination of attorneys’ fees to this motion. Pursuant to 42 U.S.C. § 12205 of the ADA and California law, Plaintiff requested…

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