Jarek Molski v. Conrad's La Canada Restaurant

MEMORANDUM

Jarek Molski and Disability Rights Enforcement, Education Services (“DREES”), collectively “Plaintiffs,” again appeal the district court’s order denying their motion for attorney’s fees and costs in their action against Conrad’s La Canada Restaurant (“Defendant”) under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 , (“ADA”) and the California Disabled Persons Act, California Civil Code §§ 54-55.2 (“CDPA”). Previously, the district court denied Plaintiffs’ motion for attorney’s fees, and this court remanded the case back to the district court to provide reasons for its decision. See Molski v. Conrad’s La Canada Rest., No. 07-55336, 2009 WL 166931 (9th Cir. Jan.14, 2009). On remand, the district court provided an explanation for its decision, and Plaintiffs again appealed. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

A district court’s decision to deny a motion for attorney’s fees is reviewed for an abuse of discretion. See Hensley v. Ecker- hart, 461 U.S. 424, 437 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983); Barrios v. Cal. Interscholastic Fed’n, 277 F.3d 1128, 1133 (9th Cir.2002). A “prevailing plaintiff under the ADA should ordinarily…