Molski

ORDER DISMISSING CASE FOR LACK OF STANDING

On February 8, 2005, the Court issued an order to show cause why Plaintiff Jarek Molski’s claim alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181 , et seq., should not be dismissed for lack of standing. On May 18, 2005, the Court issued an order indicating that the Court intended to treat the order to show cause as a motion for summary judgment, citing the extensive factual record submitted. The parties were given the option of filing additional briefing and exhibits, or standing on their response to the Order to Show Cause. After considering the papers submitted in response to the Order to Show Cause and the order converting the matter to a motion for summary judgment, the Court has concluded that Molski’s ADA claim should be dismissed because he lacks standing to pursue the matter.

I. Factrnl Background

Plaintiff Jarek Molski is a resident of Woodland Hills, California. Defendant Mandarin Touch Restaurant is located in Solvang, California, 116 miles from Mol-ski’s residence. It is operated by Defendant Evergreen Dynasty Corporation. Evergreen Dynasty leases the Mandarin Touch property from…