Moore

Moore v. Dollar Tree Stores Inc.

Good Law
85 F. Supp. 3d 1176·2015 WL 65661·2015 U.S. Dist. LEXIS 580
United States District Court, Eastern District of CaliforniaJanuary 5, 2015No. 1:13-cv-01336 LJO BAMCalifornia8,871 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER RE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DOC. 43) AND DEFENDANT DOLLAR TREE’S MOTION FOR SUMMARY JUDGMENT (DOC. 44)

I. INTRODUCTION

This is a civil rights action by Plaintiff Ronald Moore for discrimination at the Dollar Tree Store, located at 3780 West Shields Avenue in Fresno, California (the “Store”). Plaintiff brings this action under Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. (“ADA”), California’s Unruh Act, Cal. Civ.Code § 51 et seq., and California Health and Safety Code Section 19953, seeking damages, in-junctive and 'declaratory relief, attorneys’ fees and costs. Plaintiff alleges that he is *1180 confined to a wheelchair and that he encountered barriers to his full and equal access to the Store. Dollar Tree denies that Plaintiff has been discriminated against in any manner.' Now before the Court are the Parties’ cross-motions for summary judgment.. Docs. 43 and 44. The motion was originally set for hearing November 18, 2014, but the hearing was vacated and matter submitted for decision on the papers. See M.O. 50.

II. PROCEDURAL HISTORY

Plaintiff filed his complaint against Dollar Tree and its…

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