Block

I. BACKGROUND

23 a. Procedural History 24 Plaintiff filed this case on May 19, 2022, alleging that Defendants violated the Americans 25 with Disabilities Act (the ADA), 42 U.S.C. §§ 12101 et seq.; California’s Unruh Civil Rights Act 26 (the Unruh Act), California Civil Code § 51, et seq.; and California Health and Safety Code 27 §§ 19955(a), 19959. (ECF No. 1). Specifically, Plaintiff alleges as follows: 28 1 He is limited in his ability to walk and must use mobility devices, like a cane or 2 wheelchair. Around June 7, 2021, he visited Scotty’s Liquor in Fresno, California to buy 3 refreshments, encountering the following barriers: (1) he had difficulty locating the store’s 4 designated accessible parking space because it was not properly marked; (2) upon entering the store with the use of his cane, he found it difficult to step over the threshold at the entrance 5 because it was too high and his foot got caught on a floor mat next to the entrance; and (3) the 6 transaction counter was too high, making it difficult to steady himself while he took out his wallet 7 to pay for his purchase; additionally, there was a loose floor mat at the counter that was hard for 8 him…