Judge: Malcolm Mackey, Case: 21STCV28887, Date: 2023-03-30 Tentative Ruling

Case Number: 21STCV28887    Hearing Date: March 30, 2023    Dept: 55

HILL v. VAULT LOUNGE, LLC                                                  21STCV28887

Hearing Date:  3/30/23,  Dept. 55

#7:   MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION.

Notice:  Okay

No Opposition

MP:  Plaintiff

RP:  

Summary

On 8/5/21, Plaintiff filed a Complaint for Violation Of The Unruh Civil Rights Act, alleging that defendants failed to comply with California disability access standards applying at the time of each new construction and/or alteration, or failed to maintain accessible features in operable working condition, and, when Plaintiff visited the property, he experienced multiple access barriers, including those related to parking, paths of travel, signage, and entryway.

Defense counsel withdrew, by order filed 1/23/23.

MP Positions

Plaintiff moves for summary judgment, on grounds including the following:

·         Plaintiff seeks an order from the Court requiring Defendant to comply with the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“UCRA”), and to remediate all existing accessibility violations, including to provide and maintain accessible routes of travel, signage, parking, business entrance, and restroom, at the property located 650 S Spring St R2, Los Angeles, CA 90014.

·         Plaintiff seeks a judgment in favor of Plaintiff and against Defendant in the amount of $16,000 for statutory damages under the UCRA, along with attorney’s fees and costs herein.

·         The motion is made on the grounds that there is no genuine dispute as to any material fact, and Plaintiff is entitled to judgment as a matter of law

Tentative Ruling

The unopposed motion is granted.  See, e.g.,  Ramirez v. Wong (2010) 188 Cal.App.4th 1480, 1485 (Civil Code Section 51 (Unruh Act) provides all persons of listed characteristics (e.g., disabilities) are entitled “‘to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments….’”);  Cohn v. Corinthian Colleges, Inc. (2008) 169 Cal.App.4th 523, 527 (Unruh Act applies where businesses exclude individuals, and where treatment is unequal, based upon disability, et cetera.).

“[I]f all the papers submitted by the parties show there is no triable issue of material fact and the ‘moving party is entitled to a judgment as a matter of law’ (Code Civ. Proc., § 437c, subd. (c)), the court must grant the motion for summary judgment.”  Troyk v. Farmers Group, Inc. (2009) 171 Cal.App.4th 1305, 1320.  Accord  Myers v. Trendwest Resorts, Inc. (2007) 148 Cal.App.4th 1403, 1409. 

Here, the Court determines that there are no triable issues of material fact, as to each issue raised, due to the absence of any opposing evidence to dispute moving party’s proof referenced in the separate statement.