Whitaker v. Beverly Falafel, Inc.

Full title: Brian Whitaker, Plaintiff, v. Beverly Falafel, Inc, a California…

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Jul 15, 2020

Case: 2:19-cv-10127-SVW-GJS (C.D. Cal. Jul. 15, 2020)

Opinion

Case: 2:19-cv-10127-SVW-GJS

07-15-2020

Brian Whitaker, Plaintiff, v. Beverly Falafel, Inc, a California Corporation; and Does 1-10, Defendants.

Presented by: Dennis Price, Esq. 858-375-7385 dennisp@potterhandy.com Attorney for Plaintiff

Hon. Stephen V. Wilson United States District Judge

Judgment

Pursuant to the stipulation of the parties, JUDGMENT is entered in favor of plaintiff Brian Whitaker, and against Defendant Beverly Falafel, Inc. only in the amount of $4,000 for statutory damages to resolve all statutory penalties under the California Unruh Act Civil Rights Act that arise from this action.

To resolve Plaintiff's ADA claims, should the Defendant reopen their business at any time, Defendant shall make the following changes or modifications, to the extent not already completed, in compliance the 2010 Americans with Disabilities Act Standards for Accessible Design at the business presently located at or about 8508 W. 3^rd Street, Los Angeles, California:

1. Provide accessible dining services such that 5% of each type of seating shall comply with relevant 2010 ADA Standards for Accessible Design.

2. Defendant shall maintain an accessible portion of all sales or transaction counters, such that the accessible counter is 36" wide, or in the event defendant elects to maintain a single counter, no narrower than the total available counter space. Defendant shall ensure that this space is free from obstructions to provide an accessible surface to persons with disabilities.

3. Defendant shall keep and maintain these features as accessible at all times.

4. Should Defendant Beverly Falafel, Inc. move its business known as Beverly Falafel to another location, Defendant shall have a continuing obligation to comply with the above.

Plaintiff is a prevailing party and entitled to recovery of attorney fees against Defendant Beverly Falafal, Inc. only, as allowable by the Unruh Civil Rights Act and ADA, which shall be determined by noticed motion to the Court filed no later than 30 days from entry of judgment. Dated: July 15, 2020

By:/s/_________

Hon. Stephen V. Wilson

United States District Judge Presented by:
Dennis Price, Esq.
858-375-7385
dennisp@potterhandy.com
Attorney for Plaintiff