Harris

Harris v. Del Taco, Inc.

Bad Law
396 F. Supp. 2d 1107·2005 WL 2757301·2005 U.S. Dist. LEXIS 38199
United States District Court, Central District of CaliforniaApril 19, 2005SACV 04-730DOC(MLGX)California3,807 words

Opinion

Opinion

Carter, J.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT; DISMISSING ALL CLAIMS; AND DENYING MOTION TO DEEM PLAINTIFF VEXATIOUS

Before the Court are two motions by Defendants Del Taco, Inc. dba Del Taco # 342 and Leonard M. Kramer (“Defendants” or “Del Taco”): a motion for summary judgment and a motion to declare Plaintiff, Tony Harris, a vexatious litigant. After reviewing the moving, opposing, and replying papers, hearing oral argument on Monday, April 18, 2005, and for the reasons stated below, the Court GRANTS Defendants’ motion for summary judgment, DISMISSES all claims, and DENIES Defendants’ motion to deem Plaintiff vexatious.

1. BACKGROUND

Mr. Harris has brought an action against Del Taco, a fast food restaurant, for injunctive relief from violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213 (1995) (“ADA”), and related state law claims for damages. These causes of action arise out of Mr. Harris’s visit to Del Taco # 342, located at 22859 Lake Forest Drive, Lake Forest, California on April 21, 2004 when he pulled off the highway to eat. Harris Dep., 29:9-10. Mr. Harris was in a wheelchair when he visited Del Taco due to the fact that Mr. Harris sustained a…

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