Rodriguez

ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION, DENYING MOTION FOR RECONSIDERATION, AND RENDERING ADDITIONAL FINDINGS OF FACT AND CONCLUSIONS OF LAW

Pursuant to Civil Local Rule 7-9, defendants request leave to file a motion for reconsideration of the prior order rendering findings of fact and conclusions of law. (ECF No. 250). Specifically, defendants request reconsideration because the order, which found that the City of San Jose Building Department apparently approved the prior owners’ 1986 application for an “unreasonable hardship” exception from Title 24 disabled access requirements, concluded the building remains in violation of Title 24 due to the 1985 and 1986 alterations. Defendants contend that the Department’s apparent approval of the 1986 unreasonable hardship application rendered the building compliant with Title 24, thereby precluding California Disabled Persons Act (CDPA) liability for then-existing barriers.

*938 Because the order did not directly address the validity or effect of the City’s apparent approval of the 1986 unreasonable hardship application, defendants’ application for leave to file is hereby granted. Civ. L.R. 7 — 9(b). For the following…