D'Lil
D'Lil v. Best Western Encina Lodge & Suites
Opinion
Opinion
Fischer, J.
ORDER AFTER EVIDENTIARY HEARING RE STANDING
I. PROCEDURAL BACKGROUND
Plaintiff is a physically disabled person who requires the use of a wheelchair for mobility. In her Complaint for Injunctive Relief and Damages filed December 13, 2002, Plaintiff seeks injunctive relief pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 , et seq. (“ADA”) against the Best Western Encina Lodge & Suites (“Encina Lodge”) and related persons and entities.
Defendants challenged Plaintiffs standing under Article III of the United States Constitution in both their motion to dismiss filed February 28, 2003 and motion for partial summary judgment filed October 25, 2004.
The matter was set for trial, but the parties instead presented a proposed consent decree, which the Court signed (“Consent Decree”). The Consent Decree reserved the issue of attorney’s fees, which was to be determined by way of a motion.
Because Plaintiff must establish standing before the Court can hear such a motion, the Court issued its Order re Standing requiring that the parties confer and set a date for an evidentiary hearing on the issue.