Kittok
Kittok v. Leslie's Poolmart, Inc.
Opinion
Opinion
Larson, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEYS’ FEES
On July 6, 2009, the Court granted partial summary judgment in favor of plaintiff Mary Jo Kittok (“plaintiff’ or “Kittok”) on one of her disability access claims brought against defendant Leslie’s Poolmart, Inc. (“defendant” or “Leslie’s”), and dismissed her other claims. Plaintiff now brings the instant motion for attorneys’ fees, as authorized by Cal. Civil Code § 54.3 . The Court held a hearing on the motion on August 10, 2009.
For the reasons set forth below and consistent with the modification described, the motion is GRANTED.
I. BACKGROUND
Plaintiffs complaint included claims brought under Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 (“the ADA”), California’s Unruh Civil Rights Act, Cal. Civ.Code §§ 51-53 (“the Unruh Act”), the California Disabled Persons Act, Cal. Civ.Code §§ 54-54.8 (“the DPA”), and for negligence under California common law, in response to an incident involving a non-accessible handicap parking space.
Kittok uses a wheelchair for mobility. In July, 2007, she visited a Leslie’s Pool-mart store in Riverside, owned and operated by defendant. The store has one…