Pickern

Pickern v. Pier 1 Imports (U.S.), Inc.

Good Law
339 F. Supp. 2d 1081·2004 WL 2252079·2004 U.S. Dist. LEXIS 20085
United States District Court, Eastern District of CaliforniaSeptember 30, 2004CIV.S 03-0121 FCD JFMCalifornia4,679 words

Opinion

Opinion

Damrell, J.

MEMORANDUM AND ORDER

This matter is before the court on defendants, Pier 1 Imports (U.S.) Inc., and Sieg-mund Weinstock Family Trust’s (collectively “defendants”) motion for summary judgment and motion for monetary sanctions under Federal Rules of Civil Procedure 11 and 26, and 28 U.S.C. § 1927 . Also before the court is plaintiffs Motion for Summary Adjudication. The court heard oral argument on the aforementioned motions from parties’ counsel on July 9, 2004.

BACKGROUND

Plaintiff is a visually- and mobility-impaired woman who requires use of an electric wheelchair for transportation. (Pl.’s UF in Support of Motion for Summ. Adj. (“PL’s UF”) ¶ 1-2.) Defendant Sigmund Weinstock Family Trust (“Weinstock Trust”) owns, and defendant Pier 1 Imports (U.S.), Inc. (“Pier 1”), operates, the Pier 1 retail store (“the Store”) located at 1931 East 20th Street in Chico, California. (Pl.’s UF ¶ 3.) The Store is separated from 20th Street by a long, narrow strip of land, containing a public sidewalk, and a 10-foot wide grassy berm, which lies between the sidewalk and the Store property. (Defs.’ Reply to Pl.’s Opp’n to Defs.’ UF in Support of Their Mot. for Summ. J. (“Def.s Reply UF”) ¶ 4.)…

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