Juan Moreno v. La Curacao

Good Law
463 F. App'x 669
United States Court of Appeals for the Ninth CircuitDecember 23, 201110-56593California539 words

Opinion

Opinion

MEMORANDUM

Plaintiff-Appellant Juan Moreno appeals the district court’s grant in pai’t of his motion for a default judgment in his action under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189 , and California’s Unruh Civil Rights Act, California Civil Code § 51. Plaintiff, who requires a wheelchair for mobility, alleged that physical barriers impeded his access to Defendant La Curacao Home Furnishings Store in South Gate, California. Plaintiff requested a mandatory injunction requiring Defendant to alter the subject premises so that it would comply with the ADA Accessibility Guidelines.

This Court reviews the district court’s decision whether to grant equitable relief under the ADA for an abuse of discretion. Molski v. Foley Estates Vineyard and Winery, LLC, 531 F.3d 1043, 1046 (9th Cir.2008). The Court will not reverse unless the district court “fails to apply the correct law or ... rests its decision on a clearly erroneous finding of material fact.” Bird v. Lewis & Clark Coll., 303 F.3d 1015, 1020 (9th Cir.2002) (alteration in original) (quoting Levi Strauss & Co. v. Shilon, 121 F.3d 1309, 1313 (9th Cir.1997)).

In applying Title II standards…

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