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1 BRIAN C. ANDREWS, ESQ. (SBN 212969)
ANDREWS LAW GROUP
2 6104 Innovation Way
Carlsbad, CA 92009
3 Phone: (858) 452-5600
Fax: (858) 452-5601
4 brian@briancandrews.com
5 Attorney for Plaintiff,
ROBERT BEST
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR THE COUNTY OF LOS ANGELES – POMONA COUTHOUSE SOUTH
9
ROBERT BEST, an individual, Case No.:
10
Plaintiff, VERIFIED COMPLAINT FOR DAMAGES
11 AND DECLARATORY RELIEF
12 vs. (VIOLATION OF CIVIL RIGHTS -
DISCRIMINATION BY PUBLIC
13 J’S JUICE MASTERS, INC., a California ACCOMMODATION)
Corporation; NAVUS LLC, a California (California Civil Code § 51)
14
Limited Liability Company; and DOES 1 to ACTION SUBJECT TO THE
15 100, inclusive, SUPPLEMENTAL FILING FEE IN
GOVERNMENT CODE SECTION 70616.5 -
16 Defendants. (Fee Waiver)
17
18
Now Comes Plaintiff ROBERT BEST, by and through attorney Brian C. Andrews, Esq., and
19
alleges as follows:
20
FACTS COMMON TO ALL CAUSES OF ACTION
21
1. The following Complaint is filed by a “high frequency litigant”, as defined by Code
22
of Civil Procedure §425.55. Plaintiff was enjoying a visit to the area and decided to visit the subject
23 business described herein. Plaintiff’s purpose for visiting the subject business was to patronize and
24 enjoy the goods and/or services offered at the subject business.
25 2. Plaintiff is exempt from the filing fee required by Government Code §70616.5, as he
26 meets the Court requirements to qualify for a Request to Waive Court Fees (“Fee Waiver”).
27 3. Defendant J’S JUICE MASTERS, INC., a California Corporation, is, and at all times
28 alleged herein was, doing business in Los Angeles County, California as “JAMBA".
VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF
(VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION)
Page 1 of 7
4. Defendant NAVUS LLC, a California Limited Liability Company, is, and at all
1
times alleged herein was, an owner and/or landlord of real property in Los Angeles County,
2
California, located at 17501 Colima Road, City of Industry, CA 91748 that is assigned Los Angeles
3
County Assessor Parcel Number 8265-004-124 (hereinafter “Subject Property”).
4
5. Defendant J’S JUICE MASTERS, INC., a California Corporation, is, and at all times
5 alleged herein was, operating a business of public accommodation in Los Angeles County,
6 California, to wit: a restaurant known as “JAMBA” (at times hereinafter “the Business”) upon the
7 Subject Property.
8 6. Plaintiff is unaware of the true identities of the defendants sued as Does 1-100
9 herein, and therefore sues them with fictitious names as “Doe” defendants. Plaintiff alleges that
10 each defendant, including but not limited to each “Doe” defendant, was at all times alleged herein
an owner of, and/or operating a public accommodation upon, the Subject Property, and therefore
11
liable for the violations and damages alleged herein.
12
7. Defendants J’S JUICE MASTERS, INC., a California Corporation; NAVUS LLC, a
13
California Limited Liability Company; and DOES 1 to 100 shall hereinafter be referred to
14
collectively as “Defendant”. A reference in this Complaint to one Defendant shall refer to each and
15 every Defendant, named or fictitious. Plaintiff will seek leave of the court to amend this Complaint
16 to identify “Doe” defendants by name if and when such names become known to Plaintiff.
17 8. Plaintiff has, and at all times mentioned herein did have, a “disability” as defined by
18 California Civil Code § 51(e)(1) and 42 U.S.C. § 12102, and a “physical disability” as defined by
19 California Government Code § 12926. Plaintiff is confined to a wheelchair for mobility purposes
20 and suffers from a physiological condition that adversely affects Plaintiff’s musculoskeletal system
and limits Plaintiff’s major life activities, including walking, socializing, and working.
21
9. The Business, located upon the Subject Property, is a “public accommodation” as
22
defined by 42 U.S.C. § 12181(7) and California Health and Safety Code § 19955.
23
10. On at least three occasions, including but not limited to May 14, 2023; August 6,
24
2023; and September 17, 2023, prior to the date of filing this complaint, Plaintiff patronized or
25 attempted to patronize the business upon the Subject Property with the intent to be a customer. At
26 the time of each visit, Plaintiff personally encountered construction-related access barriers which
27 prevented Plaintiff’s full and equal access to the business upon the Subject Property. Specifically,
28
VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF
(VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION)
Page 2 of 7
Plaintiff encountered a lack of ADA-compliant seating, to wit: a lack of wheelchair accessible
1
seating in the seating areas. Plaintiff also encountered a lack of ADA-compliant parking, to wit, no
2
access aisle for wheelchair access. These violations caused Plaintiff difficulty, discomfort and
3
embarrassment in that he was unable to patronize Subject Business on an equal basis as non-
4
disabled patrons. The premises violated the construction-related accessibility standards of Title 24
5 of the California Code of Regulations and of 28 C.F.R. Part 36 - ADA Accessibility Guidelines
6 (“ADAAG”). Plaintiff personally encountered these violations, causing Plaintiff difficulty,
7 discomfort and embarrassment.
8 11. Based upon the facts alleged herein, Plaintiff has been discriminated against on the
9 basis of Plaintiff’s physical disability and will continue to be discriminated against unless and until
10 Defendants are enjoined and forced to cease and desist from discriminating against Plaintiff and
others similarly situated. Plaintiff need not prove that that this discrimination is intentional to
11
recover damages for violations of the ADA and the Unruh Civil Rights Act. Munson v. Del Taco,
12
Inc., 46 Cal.4th 661, 665 (2009). Plaintiff does not allege that the discrimination by Defendants is
13
intentional.
14
12. At the time of each of the visits by Plaintiff to the Subject Property, one or more of
15 the violations alleged in Paragraph 10 herein denied Plaintiff full and equal access to the business
16 upon the Subject Property by deterring Plaintiff from accessing the business upon the Subject
17 Property or by causing Plaintiff difficulty, discomfort, or embarrassment because of these
18 violation(s) that Plaintiff personally encountered.
19 13. On information and belief, Plaintiff alleges the business upon the Subject Property is
20 not “CASp-inspected” nor is it “CASp determination pending”, as those terms are defined by
California Civil Code § 55.52(a). If Defendant or any defense counsel for Defendant wrongly
21
claims that the business upon the Subject Property is “CASp inspected” or “CASp
22
determination pending” and applies for a stay of the proceedings in this action, PLAINTIFF
23
HEREBY GIVES NOTICE OF PLAINTIFF’S INTENT TO REQUEST SANCTIONS
24
AGAINST ANY SUCH PARTY AND/OR LEGAL COUNSEL, WITHOUT FURTHER
25 NOTICE, PURSUANT TO CALIFORNIA CIVIL CODE § 55.54(e)(1).
26
14. The modifications required to the Subject Property to remedy the discriminatory
27
violations alleged herein and thereby end discrimination by Defendant are “readily achievable” as
28
VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF
(VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION)
Page 3 of 7
1 defined by 42 U.S.C. § 12181(9) because said modifications are easily accomplishable and able to
2 be carried out without much difficulty or expense.
3 15. Before filing this Complaint, Plaintiff obtained a written investigative report
4 verifying that the business upon the Subject Property is in violation of disability-access laws as
5 alleged herein. This is not a “CASp report” as defined by California Civil Code §§ 55.51, 55.52,
6 55.53, or 55.54 since, on information and belief, the Subject Property has not been “CASp-
7 inspected” nor is it “CASp determination pending.” Attached hereto as Exhibit A are true and
8 correct copies of photos of the subject premises as taken by Plaintiff’s investigator.
9 16. Plaintiff desires to return to the business upon the Subject Property in the immediate
10 future without being subjected to further discrimination.
11 FIRST CAUSE OF ACTION
12 (Violation of The Unruh Civil Rights Act – California Civil Code § 51(b))
13 (Against All Defendants)
14 17. Plaintiff incorporates all preceding paragraphs of this Complaint at this point.
15 18. California Civil Code § 51(b), The Unruh Civil Rights Act, provides in pertinent part:
16 "All persons within the jurisdiction of this state are free and equal,
and no matter what their sex, race, color, religion, ancestry, national
17 origin, disability, or medical condition is entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in all
18 business establishments of every kind whatsoever."
19 19. Defendant has violated and continues to violate California Civil Code § 51(b) by
20 failing and refusing to provide full and equal access by Plaintiff to the business upon the Subject
21 Property on the same basis as other persons who are not similarly disabled.
22 20. The violations of California Civil Code § 51(b) alleged herein make Defendant
23 mandatorily liable to Plaintiff for damages and attorney’s fees. California Civil Code § 52(a)
24 controls, stating in relevant part:
25 Whoever . . . makes any discrimination or distinction contrary to
Section 51 . . . is liable for each and every offense for the actual
26 damages, and any amount that may be determined by a jury, or a court
sitting without a jury, up to a maximum of three times the amount of
27 actual damage but in no case less than four thousand dollars
($4,000), and any attorney's fees that may be determined by the
28
VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF
(VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION)
Page 4 of 7
court in addition thereto, suffered by any person denied the rights
1 provided in Section 51 . . .” (emphasis added).
2
21. Defendant’s discrimination against Plaintiff and those similarly situated has damaged
3
and continues to damage Plaintiff, and Plaintiff is therefore entitled to a damage award pursuant to
4
California Civil Code § 52(a).
5
22. Plaintiff has suffered damages and continues to suffer damages in an amount to be
6
determined at trial, but in no event less than Four Thousand Dollars (USD $4,000), per California
7
Civil Code § 52(a) for each of the Plaintiff’s three or more visits to the business upon the Subject
8
Property, for total minimum damages of at least Twelve Thousand Dollars (USD $12,000).
9
SECOND CAUSE OF ACTION
10
(Violation of The Unruh Civil Rights Act – California Civil Code § 51(f))
11
(Against All Defendants)
12
23. Plaintiff incorporates all preceding paragraphs of this Complaint at this point.
13
24. California Civil Code § 51(f) states that “[a] violation of the right of any individual
14
under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a
15
violation of this section.”
16
25. Defendant has violated and continues to violate the Americans with Disabilities Act
17
of 1990 (at times hereinafter “ADA”) at 42 U.S.C. § 12101, et seq. through Defendant’s
18
discriminatory actions, as alleged herein.
19
26. Under 28 C.F.R. § 36.201(b), both the operator of the business upon the Subject
20
Property and the owner/landlord of the Subject Property are liable to Plaintiff under the ADA:
21
22 (b) Landlord and tenant responsibilities. Both the landlord who owns
the building that houses a place of public accommodation and the
23 tenant who owns or operates the place of public accommodation are
public accommodations subject to the requirements of this part. As
24 between the parties, allocation of responsibility for complying with
the obligations of this part may be determined by lease or other
25 contract.
26 27. The portion of the Americans with Disabilities Act containing the general prohibition
27 of discrimination against disabled persons by public accommodations is found at 42 U.S.C. §
28
VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF
(VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION)
Page 5 of 7
12182(a), which states:
1
No individual shall be discriminated against on the basis of disability
2 in the full and equal enjoyment of the goods, services, facilities,
3 privileges, advantages, or accommodations of any place of public
accommodation by any person who owns, leases (or leases to), or
4 operates a place of public accommodation.
5
28. Discrimination under 42 U.S.C. § 12182(a) specifically includes:
6
[A] failure to make reasonable modifications in policies,
7 practices, or procedures, when such modifications are necessary to
afford such goods, services, facilities, privileges, advantages, or
8 accommodations to individuals with disabilities, unless the entity can
demonstrate that making such modifications would fundamentally
9 alter the nature of such goods, services, facilities, privileges,
advantages, or accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii).
10
11 29. Discrimination under 42 U.S.C. § 12182(a) also specifically includes “failure to
12 remove architectural barriers, and communication barriers that are structural in nature, in existing
13 facilities . . . where such removal is readily achievable.” 42 U.S.C. § 12182(b)(2)(A)(iv) (emphasis
14 added). Thus, there is no “grandfather clause” under the ADA.
15 30. Removal of the construction-related access barriers encountered by Plaintiff as
16 alleged herein is readily achievable but Defendant has chosen not to remove the barriers, despite
17 being warned in writing of the barriers prior to the filing of this action and the ADA being in effect
18 for over three decades.
19 31. Plaintiff has suffered damages and continues to suffer damages in an amount to be
20 determined at trial, but in no event less than Four Thousand Dollars (USD $4,000), per California
21 Civil Code § 52(a) for each of Plaintiff’s three or more visits to the business upon the Subject
22 Property, for total minimum damages of at least Twelve Thousand Dollars (USD $12,000).
23
24 THIRD CAUSE OF ACTION
25 (DECLARATORY RELIEF UNDER CALIFORNIA STATE LAW ONLY)
26 (Against All Defendants)
27 32. Plaintiff incorporates all preceding paragraphs of this Complaint at this point.
28
VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF
(VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION)
Page 6 of 7
1 33. An actual controversy now exists in that Defendant is presently in violation of the
2 disabled-accessibility laws of the State of California codified at California Civil Code § 51.
3 34. A declaration of Plaintiff’s rights is necessary and appropriate in order for the parties
4 to this action to know their respective rights and duties under California law. Accordingly, the
5 court should make a declaration of the rights of the parties.
6 35. The declaratory relief sought in this action is premised upon California law only,
7 whether statutory or equitable, and is not sought pursuant to any federal statute or cause of action.
8
9 WHEREFORE PLAINTIFF PRAYS:
10 1. For damages of no less than Four Thousand Dollars (USD $4,000) for each
11 occurrence of discrimination alleged herein, totaling a minimum of Twelve Thousand Dollars (USD
12 $12,000), or actual damages to be determined at trial, whichever is greater;
13 2. For injunctive and/or declaratory relief under California law as needed to end the
14 discrimination alleged herein;
15 3. For an award of attorney's fees pursuant to relevant provisions of law;
16 4. For the costs of suit incurred herein; and
17 5. For such other and further relief as the court deems proper.
18
19 Respectfully submitted, ANDREWS LAW GROUP, INC.
20
21
Dated: May 2, 2024 By: ______________________________________
22
Brian C. Andrews, Esq. (SBN 212969)
23 Attorney for Plaintiff ROBERT BEST
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VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF
(VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION)
Page 7 of 7
1 VER1FICATION
2
3 I, ROBERT BEST, declare that I am the Plaintiff in the above-entitled action. I have read
4 the foregoing COMPLAINT and know the contents thereof. The same is true of my own
s knowledge except as to those matters therein stated on information and belief and, as to those
6 matters, I believe them to be true.
7 I declare under penalty of perjury under the laws of the State of California that the foregoing
8 responses are true and correct to the best of my present knowledge.
9
10 Executed this: 4/19/2024, at San Diego, California.
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ROBERT BEST
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PLAIN flFF'S VER IFICATION TO COMPLAINT
EXHIBIT A
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1 BRIAN C. ANDREWS, ESQ. (SBN 212969) ANDREWS LAW GROUP 2 6104 Innovation Way Carlsbad, CA 92009 3 Phone: (858) 452-5600 Fax: (858) 452-5601 4 brian@briancandrews.com 5 Attorney for Plaintiff, ROBERT BEST 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF LOS ANGELES – POMONA COUTHOUSE SOUTH 9 ROBERT BEST, an individual, Case No.: 10 Plaintiff, VERIFIED COMPLAINT FOR DAMAGES 11 AND DECLARATORY RELIEF 12 vs. (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC 13 J’S JUICE MASTERS, INC., a California ACCOMMODATION) Corporation; NAVUS LLC, a California (California Civil Code § 51) 14 Limited Liability Company; and DOES 1 to ACTION SUBJECT TO THE 15 100, inclusive, SUPPLEMENTAL FILING FEE IN GOVERNMENT CODE SECTION 70616.5 - 16 Defendants. (Fee Waiver) 17 18 Now Comes Plaintiff ROBERT BEST, by and through attorney Brian C. Andrews, Esq., and 19 alleges as follows: 20 FACTS COMMON TO ALL CAUSES OF ACTION 21 1. The following Complaint is filed by a “high frequency litigant”, as defined by Code 22 of Civil Procedure §425.55. Plaintiff was enjoying a visit to the area and decided to visit the subject 23 business described herein. Plaintiff’s purpose for visiting the subject business was to patronize and 24 enjoy the goods and/or services offered at the subject business. 25 2. Plaintiff is exempt from the filing fee required by Government Code §70616.5, as he 26 meets the Court requirements to qualify for a Request to Waive Court Fees (“Fee Waiver”). 27 3. Defendant J’S JUICE MASTERS, INC., a California Corporation, is, and at all times 28 alleged herein was, doing business in Los Angeles County, California as “JAMBA". VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION) Page 1 of 7 4. Defendant NAVUS LLC, a California Limited Liability Company, is, and at all 1 times alleged herein was, an owner and/or landlord of real property in Los Angeles County, 2 California, located at 17501 Colima Road, City of Industry, CA 91748 that is assigned Los Angeles 3 County Assessor Parcel Number 8265-004-124 (hereinafter “Subject Property”). 4 5. Defendant J’S JUICE MASTERS, INC., a California Corporation, is, and at all times 5 alleged herein was, operating a business of public accommodation in Los Angeles County, 6 California, to wit: a restaurant known as “JAMBA” (at times hereinafter “the Business”) upon the 7 Subject Property. 8 6. Plaintiff is unaware of the true identities of the defendants sued as Does 1-100 9 herein, and therefore sues them with fictitious names as “Doe” defendants. Plaintiff alleges that 10 each defendant, including but not limited to each “Doe” defendant, was at all times alleged herein an owner of, and/or operating a public accommodation upon, the Subject Property, and therefore 11 liable for the violations and damages alleged herein. 12 7. Defendants J’S JUICE MASTERS, INC., a California Corporation; NAVUS LLC, a 13 California Limited Liability Company; and DOES 1 to 100 shall hereinafter be referred to 14 collectively as “Defendant”. A reference in this Complaint to one Defendant shall refer to each and 15 every Defendant, named or fictitious. Plaintiff will seek leave of the court to amend this Complaint 16 to identify “Doe” defendants by name if and when such names become known to Plaintiff. 17 8. Plaintiff has, and at all times mentioned herein did have, a “disability” as defined by 18 California Civil Code § 51(e)(1) and 42 U.S.C. § 12102, and a “physical disability” as defined by 19 California Government Code § 12926. Plaintiff is confined to a wheelchair for mobility purposes 20 and suffers from a physiological condition that adversely affects Plaintiff’s musculoskeletal system and limits Plaintiff’s major life activities, including walking, socializing, and working. 21 9. The Business, located upon the Subject Property, is a “public accommodation” as 22 defined by 42 U.S.C. § 12181(7) and California Health and Safety Code § 19955. 23 10. On at least three occasions, including but not limited to May 14, 2023; August 6, 24 2023; and September 17, 2023, prior to the date of filing this complaint, Plaintiff patronized or 25 attempted to patronize the business upon the Subject Property with the intent to be a customer. At 26 the time of each visit, Plaintiff personally encountered construction-related access barriers which 27 prevented Plaintiff’s full and equal access to the business upon the Subject Property. Specifically, 28 VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION) Page 2 of 7 Plaintiff encountered a lack of ADA-compliant seating, to wit: a lack of wheelchair accessible 1 seating in the seating areas. Plaintiff also encountered a lack of ADA-compliant parking, to wit, no 2 access aisle for wheelchair access. These violations caused Plaintiff difficulty, discomfort and 3 embarrassment in that he was unable to patronize Subject Business on an equal basis as non- 4 disabled patrons. The premises violated the construction-related accessibility standards of Title 24 5 of the California Code of Regulations and of 28 C.F.R. Part 36 - ADA Accessibility Guidelines 6 (“ADAAG”). Plaintiff personally encountered these violations, causing Plaintiff difficulty, 7 discomfort and embarrassment. 8 11. Based upon the facts alleged herein, Plaintiff has been discriminated against on the 9 basis of Plaintiff’s physical disability and will continue to be discriminated against unless and until 10 Defendants are enjoined and forced to cease and desist from discriminating against Plaintiff and others similarly situated. Plaintiff need not prove that that this discrimination is intentional to 11 recover damages for violations of the ADA and the Unruh Civil Rights Act. Munson v. Del Taco, 12 Inc., 46 Cal.4th 661, 665 (2009). Plaintiff does not allege that the discrimination by Defendants is 13 intentional. 14 12. At the time of each of the visits by Plaintiff to the Subject Property, one or more of 15 the violations alleged in Paragraph 10 herein denied Plaintiff full and equal access to the business 16 upon the Subject Property by deterring Plaintiff from accessing the business upon the Subject 17 Property or by causing Plaintiff difficulty, discomfort, or embarrassment because of these 18 violation(s) that Plaintiff personally encountered. 19 13. On information and belief, Plaintiff alleges the business upon the Subject Property is 20 not “CASp-inspected” nor is it “CASp determination pending”, as those terms are defined by California Civil Code § 55.52(a). If Defendant or any defense counsel for Defendant wrongly 21 claims that the business upon the Subject Property is “CASp inspected” or “CASp 22 determination pending” and applies for a stay of the proceedings in this action, PLAINTIFF 23 HEREBY GIVES NOTICE OF PLAINTIFF’S INTENT TO REQUEST SANCTIONS 24 AGAINST ANY SUCH PARTY AND/OR LEGAL COUNSEL, WITHOUT FURTHER 25 NOTICE, PURSUANT TO CALIFORNIA CIVIL CODE § 55.54(e)(1). 26 14. The modifications required to the Subject Property to remedy the discriminatory 27 violations alleged herein and thereby end discrimination by Defendant are “readily achievable” as 28 VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION) Page 3 of 7 1 defined by 42 U.S.C. § 12181(9) because said modifications are easily accomplishable and able to 2 be carried out without much difficulty or expense. 3 15. Before filing this Complaint, Plaintiff obtained a written investigative report 4 verifying that the business upon the Subject Property is in violation of disability-access laws as 5 alleged herein. This is not a “CASp report” as defined by California Civil Code §§ 55.51, 55.52, 6 55.53, or 55.54 since, on information and belief, the Subject Property has not been “CASp- 7 inspected” nor is it “CASp determination pending.” Attached hereto as Exhibit A are true and 8 correct copies of photos of the subject premises as taken by Plaintiff’s investigator. 9 16. Plaintiff desires to return to the business upon the Subject Property in the immediate 10 future without being subjected to further discrimination. 11 FIRST CAUSE OF ACTION 12 (Violation of The Unruh Civil Rights Act – California Civil Code § 51(b)) 13 (Against All Defendants) 14 17. Plaintiff incorporates all preceding paragraphs of this Complaint at this point. 15 18. California Civil Code § 51(b), The Unruh Civil Rights Act, provides in pertinent part: 16 "All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national 17 origin, disability, or medical condition is entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all 18 business establishments of every kind whatsoever." 19 19. Defendant has violated and continues to violate California Civil Code § 51(b) by 20 failing and refusing to provide full and equal access by Plaintiff to the business upon the Subject 21 Property on the same basis as other persons who are not similarly disabled. 22 20. The violations of California Civil Code § 51(b) alleged herein make Defendant 23 mandatorily liable to Plaintiff for damages and attorney’s fees. California Civil Code § 52(a) 24 controls, stating in relevant part: 25 Whoever . . . makes any discrimination or distinction contrary to Section 51 . . . is liable for each and every offense for the actual 26 damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of 27 actual damage but in no case less than four thousand dollars ($4,000), and any attorney's fees that may be determined by the 28 VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION) Page 4 of 7 court in addition thereto, suffered by any person denied the rights 1 provided in Section 51 . . .” (emphasis added). 2 21. Defendant’s discrimination against Plaintiff and those similarly situated has damaged 3 and continues to damage Plaintiff, and Plaintiff is therefore entitled to a damage award pursuant to 4 California Civil Code § 52(a). 5 22. Plaintiff has suffered damages and continues to suffer damages in an amount to be 6 determined at trial, but in no event less than Four Thousand Dollars (USD $4,000), per California 7 Civil Code § 52(a) for each of the Plaintiff’s three or more visits to the business upon the Subject 8 Property, for total minimum damages of at least Twelve Thousand Dollars (USD $12,000). 9 SECOND CAUSE OF ACTION 10 (Violation of The Unruh Civil Rights Act – California Civil Code § 51(f)) 11 (Against All Defendants) 12 23. Plaintiff incorporates all preceding paragraphs of this Complaint at this point. 13 24. California Civil Code § 51(f) states that “[a] violation of the right of any individual 14 under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall also constitute a 15 violation of this section.” 16 25. Defendant has violated and continues to violate the Americans with Disabilities Act 17 of 1990 (at times hereinafter “ADA”) at 42 U.S.C. § 12101, et seq. through Defendant’s 18 discriminatory actions, as alleged herein. 19 26. Under 28 C.F.R. § 36.201(b), both the operator of the business upon the Subject 20 Property and the owner/landlord of the Subject Property are liable to Plaintiff under the ADA: 21 22 (b) Landlord and tenant responsibilities. Both the landlord who owns the building that houses a place of public accommodation and the 23 tenant who owns or operates the place of public accommodation are public accommodations subject to the requirements of this part. As 24 between the parties, allocation of responsibility for complying with the obligations of this part may be determined by lease or other 25 contract. 26 27. The portion of the Americans with Disabilities Act containing the general prohibition 27 of discrimination against disabled persons by public accommodations is found at 42 U.S.C. § 28 VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION) Page 5 of 7 12182(a), which states: 1 No individual shall be discriminated against on the basis of disability 2 in the full and equal enjoyment of the goods, services, facilities, 3 privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or 4 operates a place of public accommodation. 5 28. Discrimination under 42 U.S.C. § 12182(a) specifically includes: 6 [A] failure to make reasonable modifications in policies, 7 practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or 8 accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally 9 alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii). 10 11 29. Discrimination under 42 U.S.C. § 12182(a) also specifically includes “failure to 12 remove architectural barriers, and communication barriers that are structural in nature, in existing 13 facilities . . . where such removal is readily achievable.” 42 U.S.C. § 12182(b)(2)(A)(iv) (emphasis 14 added). Thus, there is no “grandfather clause” under the ADA. 15 30. Removal of the construction-related access barriers encountered by Plaintiff as 16 alleged herein is readily achievable but Defendant has chosen not to remove the barriers, despite 17 being warned in writing of the barriers prior to the filing of this action and the ADA being in effect 18 for over three decades. 19 31. Plaintiff has suffered damages and continues to suffer damages in an amount to be 20 determined at trial, but in no event less than Four Thousand Dollars (USD $4,000), per California 21 Civil Code § 52(a) for each of Plaintiff’s three or more visits to the business upon the Subject 22 Property, for total minimum damages of at least Twelve Thousand Dollars (USD $12,000). 23 24 THIRD CAUSE OF ACTION 25 (DECLARATORY RELIEF UNDER CALIFORNIA STATE LAW ONLY) 26 (Against All Defendants) 27 32. Plaintiff incorporates all preceding paragraphs of this Complaint at this point. 28 VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION) Page 6 of 7 1 33. An actual controversy now exists in that Defendant is presently in violation of the 2 disabled-accessibility laws of the State of California codified at California Civil Code § 51. 3 34. A declaration of Plaintiff’s rights is necessary and appropriate in order for the parties 4 to this action to know their respective rights and duties under California law. Accordingly, the 5 court should make a declaration of the rights of the parties. 6 35. The declaratory relief sought in this action is premised upon California law only, 7 whether statutory or equitable, and is not sought pursuant to any federal statute or cause of action. 8 9 WHEREFORE PLAINTIFF PRAYS: 10 1. For damages of no less than Four Thousand Dollars (USD $4,000) for each 11 occurrence of discrimination alleged herein, totaling a minimum of Twelve Thousand Dollars (USD 12 $12,000), or actual damages to be determined at trial, whichever is greater; 13 2. For injunctive and/or declaratory relief under California law as needed to end the 14 discrimination alleged herein; 15 3. For an award of attorney's fees pursuant to relevant provisions of law; 16 4. For the costs of suit incurred herein; and 17 5. For such other and further relief as the court deems proper. 18 19 Respectfully submitted, ANDREWS LAW GROUP, INC. 20 21 Dated: May 2, 2024 By: ______________________________________ 22 Brian C. Andrews, Esq. (SBN 212969) 23 Attorney for Plaintiff ROBERT BEST 24 25 26 27 28 VERIFIED COMPLAINT FOR DAMAGES AND DECLARATORY RELIEF (VIOLATION OF CIVIL RIGHTS - DISCRIMINATION BY PUBLIC ACCOMMODATION) Page 7 of 7 1 VER1FICATION 2 3 I, ROBERT BEST, declare that I am the Plaintiff in the above-entitled action. I have read 4 the foregoing COMPLAINT and know the contents thereof. The same is true of my own s knowledge except as to those matters therein stated on information and belief and, as to those 6 matters, I believe them to be true. 7 I declare under penalty of perjury under the laws of the State of California that the foregoing 8 responses are true and correct to the best of my present knowledge. 9 10 Executed this: 4/19/2024, at San Diego, California. 11 12 ROBERT BEST 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAIN flFF'S VER IFICATION TO COMPLAINT EXHIBIT A