Deanda

MEMORANDUM *

In this action under Title III of the Americans with Disabilities Act of 1990 and the California Unruh Civil Rights Act, Defendants Del Taco, Inc. and Savings Investment, Inc. (collectively “Del Taco”) appeal an award of $73,693.50 in attorney’s fees in favor of Plaintiff Ruben Deanda. Del Taco contends that the district court should have reduced or eliminated the fee award because Deanda (1) failed to give Del Taco pre-filing notice and an opportunity to cure the alleged barriers to access at the restaurant in question, and (2) rejected Del Taco’s early settlement offer. We review for abuse of discretion, Armstrong v. Davis, 318 F.3d 965, 970 (9th Cir.2003), and affirm.

First, pre-filing notice is not a prerequisite for attorney’s fees in ADA actions. Sk aff v. Meridien N. Am. Beverly Hills, LLC, 506 F.3d 832 , 844-45 & n. 13 (9th Cir.2007) (per curiam). Nor was any lack of notice a basis for reducing fees in this case. Even if Del Taco would have fixed its doors and tables upon request, it does not contend that it would also have paid Deanda statutory damages, which he legitimately sought under California law. Cal. Civ.Code § § 51(f), 52(a). Indeed, at the time…