Brian Whitaker vs 1212 State Street LLC et al

Case Number

24CV07015

Case Type

Hearing Date / Time

Fri, 04/11/2025 - 10:00

Nature of Proceedings

Hearing

Tentative Ruling

(1) For all reasons discussed herein, the early evaluation conference is continued to May 2, 2025.

(2) The February 18, 2025, Order granting defendants’ application for a stay and early evaluation conference pursuant to Civil Code section 55.54 is modified to include the following: At least 15 days before the early evaluation conference, plaintiff Brian Whitaker shall file and serve a statement that includes all of the items described under Civil Code section 55.54, subdivision (d)(7)(A) through (D). Within 10 calendar days after the completion of the corrections described in the application filed on February 10, 2025, by defendant Good Lion Cocktails, LLC, defendant shall file and serve evidence showing that the violation or violations have been corrected as required under Civil Code section 55.54, subdivision (d)(4)(B).

(3) Plaintiff and defendant shall, on or before April 23, 2025, file joint or, if necessary, individual status reports setting forth the following matters: (1) the current condition of the site at issue in plaintiff’s complaint; (2) the status of any plan of corrections including whether defendants have corrected or are willing to correct the violations alleged in the complaint; (3) the timeline for the correction of any violations alleged in the complaint; (4) whether Civil Code section 55.56, subdivision (f), is or may be applicable to this case including whether all violations giving rise to the claims alleged in the complaint have been corrected within specified time periods; (5) whether this matter can be settled; (6) whether or not there exists good cause to lift the stay; and (7) any other information the parties request the court to consider at the early evaluation conference or which may facilitate the early evaluation and resolution of the parties’ dispute.

Background: 

On December 12, 2024, plaintiff Brian Whitaker (Whitaker) filed a verified complaint against defendants 1212 State Street, LLC, (1212 State) and Good Lion Cocktails, LLC, (GL LLC) doing business as The Good Lion (Good Lion), (collectively, defendants), alleging two causes of action: (1) violation of the Unruh Civil Rights Act (Civ. Code, § 51); and (2) violation of the California Disabled Persons Act (Civ. Code, § 54 et seq.) As alleged in the complaint:

1212 State owns real property located at 1212 State Street in Santa Barbara, California (the property). (Compl., ¶¶ 2-3.) GL LLC owns the Good Lion which is a cocktail bar located at the property. (Compl., ¶¶ 4-5.) Whitaker is a quadriplegic who cannot stand or walk, and who uses a wheelchair for mobility. (Compl., ¶ 1.) Whitaker is also an advocate and tester, and qualifies as a high frequency litigant as that term is defined in Code of Civil Procedure section 425.50, subdivision (a)(4)(B). (Compl., ¶ 29.)

On September 6, 2024, Whitaker was vacationing in Santa Barbara when he visited the Good Lion for a few drinks. (Compl., ¶¶ 10 & 12-13.) While at the Good Lion, Whitaker encountered barriers which prevented Whitaker from accessing entrances to, and the bar counter at, the Good Lion, which caused Whitaker to be unable to enjoy his drinks without difficulty and which violate the Americans with Disabilities Act (the ADA), codified as 42 U.S.C section 12101 et seq. (Compl., ¶¶ 14-19.) These barriers currently exist. (Compl., ¶ 20.)

On February 10, 2025, GL LLC filed an application (the application) requesting a stay of these proceedings and an early evaluation conference pursuant to pursuant to Civil Code section 55.54. In the application, GL LLC asserts that the property is owned or occupied by a business, that the property has had new construction or improvements on or after January 1, 2008, which were approved pursuant to the local building permit and inspection process, and that there have been no modifications or alterations completed or commenced since that approval which impacted compliance with construction-related accessibility standards with respect to Whitaker’s claim. (Application, ¶ 3(b)(1)-(2) & d(1).) GL LLC further contends that the violations have been corrected, or will be corrected within sixty days of GL LLC being served with the complaint. (Application, ¶ 3(b)(3).)

On February 18, 2025, the court entered an order (the Order) granting the application, imposing a 90 day stay of these proceedings, and scheduling an early evaluation conference (the conference) for April 11, 2025. Further, the court directed the parties to appear in person at the conference, and ordered Whitaker and his counsel to, within 30 days, meet with defendants at the property for a joint inspection to review the issues that Whitaker claims are a violation of construction-related accessibility standards.

The court’s records reflect that neither Whitaker nor GL LLC have submitted any additional filings relating to the application.

Analysis:

Civil Code section 55.51 et seq. (the Construction-Related Accessibility Standards Compliance Act or Act) sets forth procedures under which certain defendants may request a stay and early evaluation conference upon being served with a summons and complaint asserting a “construction-related accessibility claim” as that term is defined in the Act. (Civ. Code, § 55.54, subd. (b)(1).) There is no information in the present record to suggest or indicate that there exists any dispute as to whether Whitaker has alleged in the complaint a “construction-related accessibility claim” as that term is defined under the Act. (See Civ. Code, § 55.52, subd. (a)(1) [defining claim].)

Information appearing in the application indicates that GL LLC is not a “qualified” defendant as that term is defined in the Act. (See Civ. Code, § 55.52, subd. (a)(8).) Instead, the application is based, in part, on the purported existence of new and approved construction or improvements at the property on or after January 1, 2008, which have not been modified. (Civ. Code, § 55.54, subd. (b)(2)(A).) The record also reflects that the application is based in part on Whitaker’s status as a high-frequency litigant. (Civ. Code, § 55.54, subd. (b)(2)(D).)

Relevant here, “[u]pon the filing of an application for stay and early evaluation conference by … a defendant described by paragraph (2) of subdivision (b), the court shall immediately issue an order” that includes all of the matters set forth in Civil Code section 55.54, subdivision (d)(1) through (7). (Civ. Code, § 55.54, subd. (d).) The Act also requires that the conference include an evaluation of all of the matters set forth in subdivision (f) of Section 55.54, and that the court to lift the stay “when a defendant described by paragraph (2) of subdivision (b) has failed to file and serve the evidence showing correction of the violation or violations as required by law.” (Civ. Code, § 55.54, subd. (e)(2)(B).) Further, the court “may lift the stay at the conclusion of the early evaluation conference upon a showing of good cause by the plaintiff.” (Civ. Code, § 55.54, subd. (e)(3).)

As a preliminary matter, the proposed order lodged by GL LLC on February 10, 2025, and entered by the court on February 18, 2025, failed to direct GL LLC to file and serve “evidence showing correction of the violation or violations within 10 calendar days after the completion of the corrections” as required under Civil Code section 55.54, subdivision (d)(4)(B). The lodged order also does not direct Whitaker to file and serve “at least 15 days before the date of the conference” the statement required under Civil Code section 55.54, subdivision (d)(7)(A) through (D). Therefore, to comply with statutory requirements, the Order requires modification.

Furthermore, the court requires additional information to facilitate the evaluation required under the Act, and to determine whether the stay of these proceedings should be lifted at the conference. For these and all reasons further discussed herein, the court will continue the conference.

Absent information showing an exemption from the requirements of the Act, the court will amend the Order to include the following: Whitaker shall, at least 15 days before the conference, file and serve a statement that includes all of the items described under Civil Code section 55.54, subdivision (d)(7)(A) through (D). GL LLC shall, within 10 calendar days after the completion of the corrections described in the application, file and serve evidence showing that the violation or violations have been corrected as required under Civil Code section 55.54, subdivision (d)(4)(B).

Further, the parties shall, prior to the continued conference, file joint or, if necessary, individual status reports setting forth the following matters: (1) the current condition of the site at issue in the complaint; (2) the status of any plan of corrections including whether GL LLC has corrected or is willing to correct the violations alleged in the complaint; (3) the timeline for the correction of any violations alleged in the complaint; (4) whether Civil Code section 55.56, subdivision (f), is or may be applicable to this case including whether all violations giving rise to the claims alleged in the complaint have been corrected within specified time periods; (5) whether this matter can be settled; (6) whether or not there exists good cause to lift the stay; and (7) any other information the parties request the court to consider at the continued conference or which may facilitate the early evaluation or resolution of the parties’ dispute.