Harris
Harris v. Del Taco, Inc.
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…