Terry Hubbard v. Miandmo Investments LLC

I. Facts and Background

Plaintiff suffers from cerebral palsy and is “substantially limited in his ability to walk.” Dkt. 1 (Compl.) ¶ 1. As a result of his disabilities, Plaintiff requires a wheelchair for mobility. Id. In November 2019, Plaintiff visited Bernard’s Burgers located at 11913 S. Avalon Blvd., Los Angeles, California 90061 “with the intention to avail himself of its goods and to assess the business for compliance with the disability access laws.” Id. ¶ 8. Plaintiff alleges that Bernard’s Burgers is “a facility open to the public, a place of public accommodation, and a business establishment.” Id. ¶ 9. In support of the Application for Default Judgment, Plaintiff stated that on April 27, 2020, his investigator visited Bernard’s Burgers and took photos and measurements, confirming the barriers identified by Plaintiff and identifying additional barriers within Bernard’s Burgers. (Mot. 1–2). The complaint was filed in federal court on June 19, 2020. (See Compl.) In the course of ruling on Plaintiff’s Application for Default Judgment, the Court discovered that Bernard’s Burgers ceased operations on approximately May 20, 2020. In response, the Court ordered…