Acosta
Acosta v. Martinez.
Opinion
Trial Court Opinion
I. BACKGROUND
27 Plaintiff filed this action on March 5, 2019, alleging causes of action under Title III of the 28 ADA, California’s Unruh Civil Rights Act, and the California Health and Safety Code. The specifics of the allegations are addressed in more detail below, but generally, Plaintiff claims that Defendants own, operate, or lease “Accesorios Martinez,” a public business affecting commerce located at 108 S. Chesnut Avenue, Fresno CA 93720 (“the subject facility”). Plaintiff claims that he visited the subject facility on or about January 13, 2019, to buy a gift for his niece. However, he encountered “barriers” that “interfered with, if not outright denied, Plaintiff’s ability to use and enjoy the goods, services, privileges and accommodations offered at the Facility.” (ECF No. 1, p. 2.) On April 10 and April 11, 2019, Plaintiff filed proof of service into the record. (ECF Nos. 4-5.)1 Neither Defendant, however, responded to the Complaint. On May 15, 2019, Plaintiff filed a request for default judgment against Defendants. (ECF No. 6.) On May 15 and May 16, 2019, the Clerk of Court entered default against Defendants. (ECF Nos.…