Brian Whitaker v. SV Investment Group Partners, LLC
Opinion
trial_court Opinion
I. INTRODUCTION
20 Plaintiff Brian Whitaker, who is quadriplegic, brought this action because 21 Defendants failed to provide an accessible sales counter and accessible paths of 22 travel at Marco Ferno (“Store”) at or about 746 S. Los Angeles Street, Los 23 Angeles, California on the date of Plaintiff’s visit on August 3, 2019. Plaintiff 24 25 sought a ruling that his rights were violated under the Americans with Disabilities 26 Act and Unruh Civil Rights Act, a single statutory penalty of $4,000, and an order 27 requiring Defendants to make the sales counter and paths of travel at the Store 28 accessible. 1 Defendants failed to appear at the bench trial on January 23, 2020. Upon 2 review of the evidence submitted by the Plaintiff, the Court grants JUDGMENT in 3 favor of Plaintiff Brian Whitaker and against Defendants Farhad Yaghoubi and 4 Elham Yaghoubi as to both claims: A $4,000 statutory penalty under the Unruh 5 Civil Rights Act, and declaratory relief under the ADA, enjoining defendants to 6 make the sales counter and paths of travel at the Store accessible per the Americans 7 with Disabilities Act of 1990. 8 9