Hernandez

Order re: Cross-Motions for Summary Judgment

Plaintiff Alma Clarisa Hernandez, who has used a wheelchair since 2004, brought this action under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., alleging that architectural barriers at Defendant Polanco Enterprises, Inc.’s gasoline station denied her full and equal enjoyment and use of the facility, including the station’s attached convenience store and the restroom inside. Plaintiffs First Amended Complaint (Dkt. No. 36 [“FAC”]) identifies 40 alleged architectural barriers at the subject gas station, upon which she bases four distinct legal claims for violations of: (1) the ADA; (2) the California Disabled Persons Act, Cal. Civ.Code §§ 54 and 54.1 (“DPA”); (3) the California Unruh Civil Rights Act, Cal. Civ.Code §§ 51, 51.5 (“Unruh Act”); and (4) California Health & Safety Code § 19953. Since this action commenced, Defendant has undertaken an extensive remediation effort eliminating 37 barriers. Notwithstanding that effort, Plaintiff avers that four barriers exist post-remediation: two that Plaintiff claims were never corrected and two that Defendant allegedly created during its remediation…