Supancic

INTRODUCTION

Plaintiff and appellant Nicholas Supancic (plaintiff) alleged that he was a disabled person under the Americans with Disabilities Act (ADA) (42 U.S.C. § 12181 et seq.) who required the aid of a service dog, and that his dog was denied access to a pub that defendant and respondent Douglas Turner (defendant) owned and leased to a limited liability company which operated the pub. On appeal from the judgment entered following the trial court’s order granting defendant’s summary judgment motion, plaintiff contends that the trial court erred in granting summary judgment because there were triable issues of fact on his theory of owner/lessor liability under the ADA. Plaintiff also contends that the trial court erred by denying his motion to reconsider. We hold that the trial court did not err in granting summary judgment because, under the ADA and its implementing regulations, defendant did not have direct liability to plaintiff based solely on his status as the owner and lessor of the public accommodation in which the alleged disability discrimination occurred. We also affirm the order denying reconsideration because the record on that motion is inadequate to allow us to…