Jones

ORDER

Pending before the Court is Defendant Wild Oats’ Motion for Attorney’s Fees and Costs. The Court finds this matter suitable for submission on the papers and without oral argument pursuant to Local Civil Rule 7.1. After considering the arguments raised by the parties in their briefing, the Court now issues the following rulings.

BACKGROUND

Plaintiff is a thirty-three year-old woman who has been a paraplegic since she was seventeen. Plaintiff uses a wheelchair when traveling in public. On December 14, 2003, Plaintiff visited Henry’s Marketplace (hereinafter “the Store”) in Pacific Beach, San Diego. According to Plaintiff, she encountered numerous architectural barriers that deprived her of full and equal access to the Store. Plaintiffs Complaint alleged violations of the ADA and state law for barriers inside the Store.

Plaintiff and Defendant filed cross motions for Summary Judgment in this matter. On November 25, 2005, the Court denied Plaintiffs Motion for Summary Judgment and granted Summary Judgment in favor of Defendant Wild Oats. Defendant now moves for attorney’s fees and costs.

STANDARD OF REVIEW

While attorney’s fees generally are not recoverable, such fees may…