Vogel v. Winchell's Donut Houses Operating Co.

252 F. Supp. 3d 977, 2017 WL 2198338, 2017 U.S. Dist. LEXIS 75998
CourtDistrict Court, C.D. California
DecidedMay 18, 2017
DocketCV 16-00887-RSWL-AJWx
StatusPublished
Cited by5 cases

This text of 252 F. Supp. 3d 977 (Vogel v. Winchell's Donut Houses Operating Co.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vogel v. Winchell's Donut Houses Operating Co., 252 F. Supp. 3d 977, 2017 WL 2198338, 2017 U.S. Dist. LEXIS 75998 (C.D. Cal. 2017).

Opinion

ORDER re: Defendant’s Motion for Summary Judgment, or, in the Alternative, Summary Adjudication [32]

HONORABLE RONALD S.W. LEW, Senior U.S. District Judge

Currently'before the Court is Defendant Winehell’s Donut Houses Operating Company, LP (“Defendant”) Motion for Summary Judgment, or, in the Alternative, Summary Adjudication (“Motion”) [32] as to all claims in the Complaint. Having reviewed all papers submitted pertaining to this Motion, the Court NOW FINDS AND RULES AS FOLLOWS: the Court GRANTS Defendant’s Motion.

I. BACKGROUND

A. Factual Background

Plaintiff Martin Vogel (“Plaintiff’) is a “physically disabled” T-3 paraplegic who requires the use of a wheelchair when traveling in pubjic. Compl. ¶ 8, ECF No. 1. Defendant owns, operates, and/or leases a Pizza Hut Restaurant in Norwalk, California (the “Restaurant”). Id. at ¶ 2.

Plaintiff visited the Restaurant on January 3, 2016. Deck of Martin Vogel (“Vogel Decl.”) ¶ 2, ECF No 33-1. Plaintiff alleges that both the Restaurant’s disabled parking space and the access aisle are too steep, mainly due to an encroaching built-up ramp. Compl. ¶ 10. Because the parking space and access aisle are not level, Plaintiff cannot easily transfer from a vehicle because his wheelchair rolls, or a lift platform for his wheelchair cannot sit level. Id. [981]*981These barriers prevented Plaintiff from full and equal access to the Restaurant, violating the Americans with Disabilities Act (“ADA”) and related state-law disability claims. Id.

After Plaintiff filed this lawsuit, Defendant repaved the disabled parking space and access aisle so that both comply with current accessibility standards. Deck of Tim Stockton (“Stockton Deck”) ¶ 1, ECF No. 32-3. Currently, the parking space and access aisle slopes are no steeper than 1:48, in conformity with the ADA and California Building Code (“CBC”) standards. Id. at ¶ 2, Exs. A, B, ECF. Nos. 32:4-5.

B. Procedural Background

On February 9, 2016, Plaintiff filed this Complaint, alleging Defendant violated the following: (1) the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., by denying him “full and equal enjoyment” of the Restaurant premises; (2) the California Disabled Persons Act (“CDPA”), California Civil Code § 54; (3) the Unruh Civil Rights Act (“Unruh Act”), California Civil Code § 51, and (4) denial of full and equal access to public facilities, California Health & Safety Code § 19955 et seq. Compl. ¶¶ 17, 36-38, 43-45, 48-51.

Plaintiff seeks declaratory judgment that Defendant violated the ADA. Id. at ¶31. For each CDPA offense, Plaintiff seeks actual damages, statutory minimum damages of $1,000, declaratory relief, and any other relevant remedies. Id. at ¶ 37; Cal. Civ. Code § 54.3. For each Unruh Act violation, Plaintiff seeks statutory minimum damages of $4,000. Compl. ¶ 45; Cal. Civ. Code § 52. Plaintiff also seeks injunc-tive relief and attorneys’ fees for any violation of California Health & Safety Code § 19955. Compl. ¶ 51; Cal. Health & Safety Code § 19953.

On March 20, 2017, Defendant filed its Motion [32]. On March 28, 2017, Plaintiff filed his Opposition [33]. On April 4, 2017, Defendant filed its Reply and Evidentiary Objections [35-1] to the Vogel Declaration [33-1].

II. FINDINGS OF FACT

1. Plaintiffs Complaint identifies two alleged barriers: (1) a disabled parking space has excessive slopes due at least in part to an encroaching built-up curb ramp; (2) the access aisle has excessive slopes due mainly to an encroaching built-up curb ramp. Def.’s Stmt, of Uncontro-verted Facts (“Def.’s SUF”) ¶1, ECF No. 32-2; Pk’s Stmt, of Genuine Disputes (“Pk’s Facts”) ¶¶ 1-2, ECF No. 33 — 4; Compl. ¶ 10.

III. DISCUSSION

A. Legal Standard

Federal Rule of Civil Procedure 56 states that a “court shall grant summary judgment” when the movant “shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A fact is “material” for purposes of summary judgment if it might affect the outcome of the suit, and a “genuine issue” exists if the evidence is such that a reasonable fact finder could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The evidence, and any inferences based on underlying facts, must be viewed in the light most favorable to the opposing party. Twentieth Century-Fox Film Corp. v. MCA, Inc., 715 F.2d 1327, 1329 (9th Cir. 1983). In ruling on a motion for summary judgment, the court’s function is not to weigh the evidence, but only to determine if a genuine issue of material fact exists. Anderson, 477 U.S. at 255, 106 S.Ct. 2505.

[982]*982Under Rule 56, the party moving for summary judgment has the initial burden to show “no genuine dispute as to any material fact.” Fed. R. Civ. P. 56(a); see Nissan Fire & Marine Ins. Co. v. Fritz Cos., 210 F.3d 1099, 1102-03 (9th Cir. 2000). The burden then shifts to the non-moving party to produce admissible evidence showing a triable issue of fact. Nissan Fire & Marine Ins., 210 F.3d at 1102-03; see Fed. R. Civ. P. 56(a). Summary judgment “is appropriate when the plaintiff fails to make a showing sufficient to establish the existence of an element essential to [their] case, and on which [they] will bear the burden of proof at trial.” Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 805-06, 119 S.Ct. 1597, 143 L.Ed.2d 966 (1999); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The standard “provides that the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issues of material fact.” Anderson, 477 U.S. at 247-48, 106 S.Ct. 2505.

B. Discussion

1. Defendant’s Evidentiary Objections

Defendant objects to the Vogel Declaration in its entirety, to Paragraphs 3 and 4, and- to Exhibit A depicting the alleged access barriers at the Restaurant. See generally Def.’s Evid. Objs., EOF No. 35-1.

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Cite This Page — Counsel Stack

Bluebook (online)
252 F. Supp. 3d 977, 2017 WL 2198338, 2017 U.S. Dist. LEXIS 75998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vogel-v-winchells-donut-houses-operating-co-cacd-2017.