Ed Hull v. RA2 Los Angeles-Brea LP

I. BACKGROUND

Plaintiff “has significant impairment in his lower body” that is “caused by advanced diabetes.” Compl. § 1, ECF No. 1. Plaintiff visited a Rite-Aid store located on Defendant’s property (“Property”) in June, November, and December of 2020 to “patronize the business.” Jd. at 9] 2, 3, 13. Plaintiff “encountered barriers” at the Property that “interfered with|] and denied” Plaintiff's ability to “use and enjoy” the Property. Jd. at {| 15—20. The Property has undergone construction and remodeling since 1992. Id. at { 12. The Property is “open to the public.” Jd. at § 11. Plaintiff intends on returning to the Property, but the barriers deter him doing so. Jd. at ¥ 25.

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Plaintiff brought claims under the Americans with Disabilities Act (“ADA”) and Unruh Civil Rights Act. Id. at ¶¶ 31–56. The Court declined supplemental jurisdiction over the Unruh Civil Rights Act claim, leaving only the ADA claim. Order Declining Supplemental Jurisdiction, ECF No. 14. On May 13, 2021, Plaintiff filed his first Application for Default Judgment. First Application for Default J., ECF…