Southern California Housing Rights Center v. Los Feliz Towers Homeowners Ass'n

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AS TO THE ADA CLAIM and DENYING DEFENDANTS’ AND PLAINTIFFS’ MOTIONS FOR SUMMARY JUDGMENT AS TO ALL OTHER CLAIMS

The matters before the Court are Defendants’ and Plaintiffs’ cross-motions for summary judgment. The Motions were taken under submission on April 25, 2005. Upon consideration of the papers submitted, the Court GRANTS Defendants’ Motion for Summary Judgment as to the ADA claim and DENIES both motions as to all other claims.

JURISDICTION

The Court has jurisdiction over this case pursuant to 28 U.S.C. § 1331 .

FACTUAL AND PROCEDURAL BACKGROUND

On April 19, 2004, Plaintiffs Mimi Greenberg and the Southern California Housing Rights Center (HRC) filed this action for housing discrimination under the Fair Housing Amendments Act, Americans with Disabilities Act, California Fair Employment and Housing Act, UNRUH Act, and for Unfair Business Practices Act. Plaintiff Greenberg, who is disabled, resided at Los Feliz Towers condominiums (“Towers”) from 1993 until 2004. The gravamen of her complaint is that the Towers failed to provide her with an accessible parking space as a reasonable accommodation of her disability.…