Jerry Doran v. 7-Eleven, Inc.

MEMORANDUM

Jerry Doran appeals the district court’s entry of judgment as a matter of law in favor of 7-Eleven, Inc. He also appeals the district court’s award of costs and attorneys’ fees to 7-Eleven. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

1. After encountering several alleged violations of the Unruh Civil Rights Act, Cal. Civ.Code § 51, and the California Disabled Persons Act (“CDPA”), Cal. Civ. Code § § 54-55.32, at a 7-Eleven store, Doran sued for statutory damages. The district court properly granted judgment as a matter of law to 7-Eleven because Doran failed to satisfy the requirements in the 2009 Construction Related Accessibility Standards Compliance Act (“CRAS”), Cal. Civ.Code §§ 55.51-55.57. Doran offered no evidence that he was deterred from accessing the 7-Eleven, Cal. Civ. Code § 55.56 (b), nor did he prove that he personally encountered the violation and “experienced difficulty, discomfort, or embarrassment because of the violation.” Cal. Civ.Code § 55.56(c). Indeed, he stipulated that he suffered no physical or emotional harm from encountering the alleged violations. A claimant who offers no such evidence is “not entitled as a matter of law” to…