Brian Whitaker v. Temple West Plaza

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 ) 10 BRIAN WHITAKER, ) Case No.: CV 19-08931-CJC(Ex) ) 11 ) ) Plaintiff, 12 ) ) v. 13 ) ) MEMORANDUM OF DECISION 14 TEMPLE WEST PLAZA and DOES ) ) 15 1‒10, ) ) 16 ) Defendants. ) 17 ) ) 18 ) 19 20 I. INTRODUCTION 21 22 Plaintiff Brian Whitaker brings this action against Defendant Temple West Plaza, 23 alleging violations of the Americans with Disabilities Act (“ADA”). Plaintiff contends 24 that the access routes to Defendant’s shopping plaza were inaccessible in violation of the 25 ADA. 26 27 On May 25, 2021, the Court conducted a one-day bench trial. The Court issues its 1 by this Memorandum of Decision. After carefully reviewing all the evidence, testimony, 2 and arguments presented by the parties’ counsel, the Court concludes that the removal of 3 the alleged barriers is not readily…