Doran

Proceedings: Defendant’s Motion to Deem Plaintiff a Vexatious Litigant (Fid 5-20-05)

Cause called and counsel make their appearances. The Court’s tentative ruling is issued. Counsel submit on the Court’s tentative ruling. The Court DENIES the defendant’s motion to deem plaintiff a vexatious litigant and rules in accordance with the tentative ruling as follows:

Defendants Vicorp Restaurants, Inc. dba Bakers Square and CNL Funding 2001-A LP (“Defendants”) have filed the instant motion to deem Jerry Doran (“Doran”) a vexatious litigant. For the reasons set forth below, the motion is denied.

I. BACKGROUND

Doran is a paraplegic who requires the use of a wheelchair and a mobility-equipped vehicle when traveling in public. (Compl., ¶ 7.) He allegedly visited a Bakers Square restaurant in Anaheim, California and encountered architectural barriers that denied him full and equal access to the establishment. (Id., ¶ 18.) Accordingly, Doran seeks declaratory, injunctive, and monetary relief based on the following claims: (1) violation of the Americans with Disabilities Act of 1990 (“ADA”); (2) violation of Sections 19955 et seq. of California’s Health and Safety Code; (3) violation of…