Michael Rocca v. Den 109 LP et al
| Michael Rocca |
| Den 109 LP, Fritz Moller and Geisela Moller |
| 2:2014cv00538 |
| January 23, 2014 |
| US District Court for the Central District of California |
| Michael R. Wilner |
| Otis D. Wright |
| Civil Rights: Americans with Disabilities - Other |
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The following documents for this case are available for you to view or download:
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Filing
78
ORDER GRANTING PLAINTIFFS MOTION FOR ATTORNEYS FEES AND COSTS 74 by Judge Otis D. Wright, II: The Court awards Plaintiff attorneys fees in the amount of$38,002.50 ($25,290 associated with the proceedings before this Court and$12,712.50 associated with his successful appeal) and litigation costs and expenses in the amount of $9,296.81 for a total award of $47,299.31. (lc)
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Filing
64
ORDER DENYING PLAINTIFFS MOTION FOR ATTORNEYS FEES 57 by Judge Otis D. Wright, II . (lc). Modified on 9/23/2015 (lc).
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Filing
55
JUDGMENT by Judge Otis D. Wright, II, in favor of Michael Rocca against Den 109 LP, Fritz Moller, Geisela Moller. Judgment is hereby entered in favor of Defendants as to the following violations: (1) the pipes underneath the lavatory are improperly w rapped; (2) the paper towel dispenser is mounted too high; and (3) the waste receptacle protrudes in the clear maneuvering space needed to access the water closet. The Court dismisses with prejudice the following allegations for lack of standing: ( 1) the words NO PARKING is not painted within the access aisles; (2) incorrect signage posted at the van accessible parking space; and (3) the tow away signage posted is incorrect. Judgement is hereby entered in favor of Plaintiff as follows: (1) De fendants shall remedy the location of the water closet stall door handle in compliance with California Building Code section 1115B.3.1.4.5. (2) Plaintiff is not entitled to damages under the Unruh Civil Rights Act or the California Disabled Persons Act. (MD JS-6, Case Terminated). (shb)
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Filing
46
ORDER by Judge Otis D. Wright, II: granting in part and denying in part 37 Motion for Summary Judgment. The Court GRANTS IN PART Plaintiffs Motion for Summary Judgment with respect to his claim under the ADA for the following violations only: (1) b oth access aisles having slopes and cross slopes thatexceed 2.0%; (2) both disabled parking spaces having slopes and cross slopes that exceed 2.0%; and (3) failing to make the water closet stall door self-closing. The Court DENIES summary j udgment with respect to the remaining alleged violations. Further, because the Court finds Defendants violated the ADA, the Court GRANTS Plaintiffs Motion for Summary Judgment with respect to his claim under the Unruh Civil Rights Act. The Court resets the bench trial date for the remaining claims to June 16, 2015 at 9:00 a.m. Supplemental pretrial briefing and motions in limine are due by June 1, 2015 and a hearing on those issues will be held on June 8, 2015 at 1:30pm. (shb)
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