Brian Whitaker v. Sensu, Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 11 BRIAN WHITAKER, ) No. CV 19-9277-PLA ) Plaintiff, ) FINDINGS OF FACT AND CONCLUSIONS ) OF LAW v. ) ) SENSU, INC., ) ) Defendant. ) ) 17 On October 29, 2019, plaintiff filed a Complaint in this action; on August 20, 2020, he filed a First Amended Complaint (“FAC”). Plaintiff is a quadriplegic whose ability to walk is substantially limited and he uses a wheelchair for mobility. (FAC ¶ 1). Defendant owns a men’s clothing store (the “Store”). (Id. ¶¶ 2-3). Plaintiff alleges that he went to the Store in October 2019 and that “defendants failed to provide accessible sales counters.” (Id. ¶¶ 8, 11; Trial Transcript (“Tr. Trans.”) at 9, 17-18). Plaintiff brought claims against defendant for violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (“ADA”), and violation of California’s Unruh Civil Rights Act, California…