Juan Moreno v. La Curacao
463 F. App'x 669
9th Cir.2011Background
- Plaintiff Juan Moreno, wheelchair user, sues La Curacao Home Furnishings Store in South Gate for ADA Title III and California Unruh Act barriers.
- Plaintiff sought a mandatory injunction to alter the premises to achieve ADA readiness and accessibility.
- District court denied the injunction, applying Title II standards by treating the store as a public entity.
- Court noted barriers existed and removal was argued to be readily achievable under 42 U.S.C. § 12182(b)(2)(A)(iv).
- District court also awarded attorney’s fees under Local Rule 55 and denied the injunction; the case is appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Title II standards were misapplied | Moreno argues Title III applies to a public accommodation, not Title II. | La Curacao contends Title II standards govern public entities like stores under certain conditions. | District court erred; Title III applies and injunction should be granted. |
| Whether barriers are readily achievable to remove | Barriers at store are readily achievable to remove under § 12182(b)(2)(A)(iv). | Dispute over feasibility of removing barriers or scope of obligation. | Court found barriers removable and supports injunctive relief. |
| Whether a mandatory injunction should be entered | Plaintiff is entitled to an order to alter facilities to be readily accessible. | No mandatory injunction or limits to relief requested. | District court reversal; injunction granted on remand. |
| Attorney’s fees under default schedule | Fee award should reflect default judgment significance beyond standard schedule. | Default fee schedule appropriate and not an abuse of discretion. | Fee award affirmed. |
Key Cases Cited
- Molski v. Foley Estates Vineyard and Winery, LLC, 531 F.3d 1043 (9th Cir. 2008) (abuse of discretion standard for ADA equitable relief)
- Bird v. Lewis & Clark Coll., 303 F.3d 1015 (9th Cir. 2002) (abuse of discretion and standard for reconsideration of injunctions)
- Levi Strauss & Co. v. Shilon, 121 F.3d 1309 (9th Cir. 1997) (reaffirming burden in evaluating injunctions and standards)
- Parent v. Los Gatos-Saratoga Joint Union High School Dist., 484 F.3d 1230 (9th Cir. 2007) (attorney's fees on appeal and standards for fee awards)