Hubbard

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER

The matters before the Court are: 1) Defendants’ oral motion to dismiss and Defendants’ motion to dismiss certain claims (# 202-2); and 2) the Findings of Fact and Conclusions of Law pursuant to Rule 52(a) of the Federal Rules of Civil Procedure.

BACKGROUND

Plaintiffs Lynn J. Hubbard and Barbara Hubbard filed this action against Defendants Rite Aid Corporation; and Arthur Ciuffo, Jr. and Evelyn Emmerson, Trus tees of the Ciuffo Family Trust B. The Complaint seeks declaratory, injunctive and monetary relief pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq; California Disabled Persons Act; California Unruh Act; California Health and Safety Code § 1955; California Unfair Business Practices Act; and common law negligence. Plaintiffs complaint alleges that Plaintiffs are persons with physical disabilities; that they visited the Rite Aid store located at 1135 Avocado, El Cajon, California (“the Rite Aid store”); and that they encountered discrimination in the form of architectural barriers which make the store inaccessible. Plaintiffs seek injunctive relief in the form of an order requiring Defendants…