Dwain Lammey v. WGSL-2, LLC

Good Law
United States District Court, Central District of CaliforniaAugust 10, 20202:19-cv-04195California2,915 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

6 DWAIN LAMMEY, Case No.: 2:19-CV-04195-SVW

Plaintiff, FINDINGS OF FACT AND vs. CONCLUSIONS OF LAW

WGSL-2, LLC; BAH CALIFORNIA, INC.

10 Defendants.

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 I. Introduction On April 27, 2019, Dwain Lammey (“Plaintiff”) attempted to patron Church’s Chicken at 4 1203 West Redondo Beach Boulevard, Gardena, California (“the Restaurant”). Plaintiff uses a 5 wheelchair for mobility, and there is no dispute that Plaintiff is disabled within the meaning of 6 the relevant statutes, the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12182, and the 7 Unruh Civil Rights Act (“Unruh”), California Civil Code § 51. Plaintiff alleges that when he arrived at the Restaurant via the public sidewalk, he was denied access because the location 8 lacked a separate travel path from the public sidewalk to the entrance of the Restaurant. Plaintiff 9 further claimed the raised cracks within the parking lot made it impossible…

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