Lozano

Lozano v. C.A. Martinez Family Ltd. Partnership

Good Law
129 F. Supp. 3d 967·2015 WL 5227869·2015 U.S. Dist. LEXIS 120191
United States District Court, Southern District of CaliforniaSeptember 8, 2015Case No. 14cv331 BTM(DHB)California3,387 words

Opinion

Lead Opinion

Moskowitz, J.

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Defendants C.A. Martinez Family Limited Partnership and Santo’ Tomas, Inc. (“Defendants”),, have filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(h)(3). Plaintiff Enrique Lozano has filed a motion for summary judgment. For the reasons discussed below, Defendants’ motion is DENIED.and Plaintiffs motion is GRANTED.

I. BACKGROUND

On February 12, 2014, Plaintiff commenced this action. Plaintiff is a paraplegic who uses a wheelchair for mobility and drives a van which is specially equipped with a lift that deploys from the passenger side of his van. (Lozano Deck ¶¶2, 5.) Plaintiff lives less than a mile from the Santo Tomas Swap Meet (“Swap Meet”) at 1102 V.V. Williams Ave., Calexico, California (the “Property”). ' (Id. at ¶ 3.) Plaintiff enjoys thrift shopping and has been to the Swap Meet on more than 300 occasions. (Id,. at ¶ 4.) He .goes to the Swap Meet anywhere between two and.ten times a month. (Id.)

Plaintiff explains .that although there were dedicated handicap parking spaces at the Swap Meet, beginning in January 2013 through the filing of this lawsuit, “the…

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