Brian Whitaker v. Dollar Hits Temple Inc.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 BRIAN WHITAKER, Case No. 2:19-cv-08741-MCS-GJS 11 Plaintiff, FINDINGS OF FACT AND 12

CONCLUSIONS OF LAW

13 v.

14 DOLLAR HITS TEMPLE INC. et al., 15 Defendants. 16

17 18 The Court held a bench trial on March 24, 2021 concerning Plaintiff Brian 19 Whitaker’s Americans with Disabilities Act (“ADA”) claim against Defendant Dollar 20 Hits Temple Inc. After evaluating the evidence at trial, including witness credibility, 21 the Court issues the following findings of fact and conclusions of law. The 22 characterization of a finding as one of “fact” or “law” is not controlling. To the extent 23 that a finding is characterized as one of “law” but is more properly characterized as one 24 of “fact” (or vice versa), substance shall prevail over form. 25 I. FINDINGS OF FACT 26 1. Plaintiff is disabled within the meaning of the ADA. 27 2. Defendant owned or leased the Dollar Hits restaurant (“Restaurant”) located at 28 2422 W. Temple Street, Los Angeles, California in September 2019 and currently…