Hohlbein

Hohlbein v. Hospitality Ventures LLC

Good Law
248 F. App'x 804
United States Court of Appeals for the Ninth CircuitSeptember 20, 2007No. 05-16429California1,076 words

Opinion

Lead Opinion

MEMORANDUM *

Jeff Hohlbein appeals the district court’s summary judgment and dismissal in favor of Hospitality Ventures LLC (“HV”) and others in Hohlbein’s action alleging that HV failed to comply with Title III of the Americans with Disabilities Act (“ADA”), *805 42 U.S.C. §§ 12181-89 , when HV failed to provide barrier-free access to its hotel, the Park Inn Hardman House in Carson City, Nevada. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse the district court because Hohlbein met his burden of adducing sufficient evidence of standing to withstand summary judgment. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992).

We review the court’s decision to grant summary judgment in an ADA action de novo. See Humphrey v. Mem. Hosps. Ass’n, 239 F.3d 1128, 1133 (9th Cir.2001). While standing is a question of law reviewed de novo, Wilbur v. Locke, 423 F.3d 1101, 1107 (9th Cir.2005); San Diego County Gun Rights Comm. v. Reno, 98 F.3d 1121 , 1124 (9th Cir.1996), we review for clear error the factual determinations underlying the district court’s decision on standing, id.; see also American-Arab Anti-Discrimination Comm. v. Thornburgh,…

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