Goodell

MEMORANDUM AND ORDER RE: ATTORNEY’S FEES

Defendant Ralphs Grocery Co. moves for an award of attorney’s fees against plaintiff Robert Goodell pursuant to section 12205 of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12205 , and section 55 of the California Disabled Persons Act, Cal. Civ.Code § 55.

I. Introduction

Plaintiff sued defendant under the ADA and California law alleging that he was discriminated against because of his disability due to barriers to access in the parking lot outside of the Ralph’s grocery store owned by defendant. Plaintiff sought both monetary and injunctive relief against defendant. At trial, plaintiff presented no evidence that defendant at any time owned, leased, operated, controlled or otherwise had any legal or equitable interest in the parking area outside of its store. (April 16 2002 Findings of Fact and Conclusions of Law at 2.) Because of plaintiffs complete failure to prove some legal or contractual connection between defendant and the premises at issue, the court entered judgment in favor of defendant on all of plaintiffs claims. (Id. at 2-3.) Defendant now requests attorney’s fees totaling $61,535.79.

A. Attorney’s Fees Under the…