Grove

Grove v. De La Cruz

Good Law

407 F. Supp. 2d 1126·2005 WL 3577147·2005 U.S. Dist. LEXIS 39477

United States District Court, Central District of CaliforniaOctober 31, 2005CV 04-3831 CASCalifornia3,225 words

Opinion

Snyder, J.

ORDER GRANTING SUMMARY JUDGMENT

I. INTRODUCTION AND BACKGROUND

Defendants Juan De La Cruz and Patricia De La Cruz (collectively, “De La Cruz defendants”) are individuals doing business as Billy J’s Family Restaurant (“the restaurant”), located in Fontana, California. Third Party Complaint (“TPC”) ¶ 1. Defendant Sierra Fontana Corporation is the owner of the property on which the restaurant is run (“the property”), and has leased portions of the property to De La Cruz defendants. Id. ¶¶ 3, 6.

Plaintiff asserts that she suffers from ependymoma spinal tumors causing partial and atrophic paralysis of the left side of her body, and that she therefore uses a wheelchair for the majority of her mobility needs. Grove Decl. ¶ 2. Plaintiff states that when she patronized the restaurant on May 28, 2003, she discovered that the entry to the restroom was less than thirty-two inches wide and that there were no grab bars mounted on the walls adjacent to the toilet stalls. Id. ¶¶ 4-5. Grab bars have since been installed. See Peters Decl. Ex. C (photographs of restaurant premises taken on or about August 30, 2005).

On May 28, 2004, plaintiff filed suit against De La Cruz defendants. On October…

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