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COMPLAINT - 1
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 2 of 22
COMPLAINT - 2
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 3 of 22
1 PUBLIC ACCOMMODATION
2 2. TERIYAKI HOUSE is a restaurant with a parking lot located
3 at 120 Parker Street, Vacaville, California, and is a public
4 accommodation as defined by 42 U.S.C. § 12181(7); 28 C.F.R. §
5 36.104; (hereinafter the “PUBLIC ACCOMMODATION”).
6 THE DEFENDANTS
7 3. Defendants own, operate, manage, lease (or lease to), the
8 PUBLIC ACCOMMODATION and property. Defendants include: Sung
9 Kyun Park, Individually and d/b/a Teriyaki House; Sung Jae Park,
10 Individually and d/b/a Teriyaki House; Robert J. Gabbay;
11 (hereinafter collectively “Defendants”). Attached, hereto, as
12 Exhibit B, are copies of ownership and operation documentation.
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COMPLAINT - 3
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 4 of 22
1 THE FACTS
2 4. Summary of facts: The Plaintiff was discriminated against
3 when he personally encountered the following architectural
4 barriers which relate directly to his mobility disability and
5 which deprive him full and equal enjoyment of the premises in
6 violation of the Americans with Disabilities Act (“ADA”) and
7 caused the Plaintiff to experience difficulty, discomfort and
8 embarrassment: the correct number and type of properly
9 configured disabled parking space(s) including the lack of a van
10 accessible disabled parking space {the Plaintiff drives a van
11 with a side entry wheelchair lift}, accessible route {the
12 Plaintiff utilizes a wheelchair for mobility and has limited
13 balance}, accessible restrooms {the Plaintiff requires
14 wheelchair access into and throughout the restroom, in addition
15 to having the restroom fixtures and accessories at compliant
16 heights and locations due to the Plaintiff’s reaching, grasping,
17 and balance limitations}, accessible entrance {the Plaintiff
18 requires compliant clear space and landing due to his
19 wheelchair, poor balance, reach and strength limitations. The
20 Plaintiff also requires compliant door width due to his
21 wheelchair and compliant door pressure and door handles due to
22 his limited grasping ability, strength and balance limitations.
23 Additionally, the Plaintiff requires compliant door closing
24 speeds so that the door does not close on either him or his
25 Service Animal}, accessibility signage, striping, and accessible
26 outside dining table, {because of the Plaintiff’s wheelchair he
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COMPLAINT - 4
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 5 of 22
COMPLAINT - 5
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 6 of 22
COMPLAINT - 6
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COMPLAINT - 7
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 8 of 22
COMPLAINT - 8
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 9 of 22
1 JURISDICTION
2 5. Jurisdiction: The Court has jurisdiction of the action
3 pursuant to 28 USC § 1331 for violations of the Americans with
4 Disabilities Act of 1990, 42 USC 12101 et seq. Pursuant to
5 supplemental jurisdiction, attendant and related causes of
6 action arising from the same facts are also brought under
7 California Civil Code §§ 51(f), 52. The Plaintiff does not seek
8 relief under the California Disabled Persons Act, Health and
9 Safety Code, or California Civil Code Section 55.
10 VENUE
11 6. Venue: Venue is proper in this Court pursuant to 28 USC
12 1391(b) and is founded on the fact that the location where
13 Plaintiff experienced his discrimination is located in this
14 district and that Plaintiff’s causes of action arose in this
15 district.
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COMPLAINT - 9
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 10 of 22
1 INTRADISTRICT
2 7. Intradistrict: This case should be assigned to the
3 Sacramento intradistrict because the incident occurred in, and
4 Plaintiff’s rights arose in, the Sacramento intradistrict.
5 PLAINTIFF WILL STIPULATE TO A VOLUNTARY DISPUTE RESOLUTION
6 PROGRAM (VDRP). PLAINTIFF CONSENTS AN EARLY SETTLEMENT
7 CONFERENCE.
8 8. The PUBLIC ACCOMMODATION is a “public accommodation or
9 facility” subject to the requirements of California Civil Code
10 §§51(f), 52; and the Americans with Disability Act of 1990. 42
11 U.S.C. § 12181(7); 28 C.F.R. § 36.104.
12 9. Plaintiff is a person with quadriplegia and is confined to
13 a wheelchair and yet Plaintiff and his “Service Animal” (Lennox)
14 remain highly active and are involved in their community.
15 Plaintiff drives a full size Ford van which is equipped with
16 hand-controls and a wheelchair lift. If (and when) Plaintiff
17 was to park in a non-van accessible disabled parking space, he
18 could very easily be blocked from returning to his vehicle,
19 which would restrict Plaintiff from leaving. If (and when)
20 Plaintiff was to access a non-accessible restroom the problem
21 could be compounded and could turn dangerous because of the non-
22 accessibility.
23 10. Defendants are and were the owners, operators, managers,
24 leasers’ and lessors of the PUBLIC ACCOMMODATION and of the
25 subject real property and at all times relevant herein.
26 Plaintiff is informed and believes that each of the Defendants
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COMPLAINT - 10
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 11 of 22
COMPLAINT - 11
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COMPLAINT - 12
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COMPLAINT - 13
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 14 of 22
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COMPLAINT - 14
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COMPLAINT - 15
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COMPLAINT - 16
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COMPLAINT - 17
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 18 of 22
21 FOR THE ARTS, ESCONDIDO; 370 F.3d 837 (9th Cir. 2004)). The
22 Plaintiff IS NOT ASKING FOR DAILY DAMAGES OR ACTUAL DAMAGES.
23
24. On each of the above listed occasions, when the Plaintiff
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visited the PUBLIC ACCOMMODATION, he was not allowed full and
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26 equal enjoyment and access to the PUBLIC ACCOMMODATION because
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COMPLAINT - 18
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 19 of 22
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COMPLAINT - 19
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 20 of 22
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COMPLAINT - 20
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 21 of 22
1
Wherefore Plaintiff prays for relief as hereinafter stated:
2
3 PRAYER
4
1. Issue a preliminary and permanent injunction directing
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Defendants to modify its facilities and policies as required by
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7 law to comply with the ADA and ADA regulations as they relate to
20 required by law;
21 2. Retain jurisdiction over the Defendants until such time
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as the Court is satisfied that Defendants' unlawful policies,
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practices, acts and omissions, and maintenance of inaccessible
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25 public facilities as complained of herein no longer occur, and
COMPLAINT - 21
Case 2:11-cv-01337-DAD Document 1 Filed 05/17/11 Page 22 of 22
15
__/S/ SCOTT N.JOHNSON_
16 By: SCOTT N. JOHNSON
Attorney for Plaintiff
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COMPLAINT - 22
Case 2:11-cv-01337-DAD Document 1-1 Filed 05/17/11 Page 1 of 1
Case 2:11-cv-01337-DAD Document 1-2 Filed 05/17/11 Page 1 of 2
I CARD/RECEIPT
This identification card or facsimile copy is to be carried by the placard owner. Present it to any
peace officer upon demand. Immediately notify DMV by mail of any change of address. When
parking, hang the placard from the rear view mirror, remove it from the mirror when driving.
When your placard is properly displayed,
you may park in or on:
TYPE: N1 TV: 92 CO: 34 ' • Djsabled person parking spaces (blue zones)
DOB: 03/29/1962 • Metered zones without paying.
I
• Green zones without restrictions to time limits.
ISSUED TO
• Streets where preferential parking privileges are given to
residents and merchants.
JOHNSON SCOTT
You may not park in or on:
• Red, Yellow, White or Tow Away Zones.
CARMICHAEL CA 95608 • Cro~shatch marked spaces next to disabled person
parking spaces.
It is considered misuse to:
• Display a placard unless the disabled owner is being
transported.
• Display a placard which has been cancelled or revoked.
Purchase of fuel • Loan your placard to anyone,"including family members.
(Business & Professions Code 13660):
State law requires service stations to refuel a Misuse is a misdemeanor (section 4461VC) and can
disabled person's vehicle at self-service rates, result in cancellation or revocation of the placard, loss
except self-service facilities with only one cashier. of parking privileges, and/or fines.
039
DPPOOO Rev(3/01
Case 2:11-cv-01337-DAD Document 1-3 Filed 05/17/11 Page 1 of 7
Account # 014793
Firm (Add")
Summary Screen
Beverage Control
ILicl'nse Information I
tLicense Number: 394199 I
[Primary Owner: PARK, SUNG JAE I
[ABC Office of Application: 22 - OAKLAND I
IBusiness Nalnl'
[Doing Business As: TERIYAKI HOUSE
IUusiness Address
!Address: 120 PARKER ST Census Tract: 2532.03
[City: VACAVILLE County: SOLANO
[State: CA Zip Code: 95688
ILicensee Information I
llJicensee: PARK, SUNG JAE I
lLicensee: PARK, SUNG KYUN
ILicense Types
I 1) License Type: 41 - ON-SALE BEER AND WINE - EATING PLACE
[ License Type Status: ACTIVE
I Status Date: 18-FEB-2003 Term: 12 Month(s)
I Original Issue Date: 18-FEB-2003 Expiration Date: 31-JAN-2012
[ Master: Y Duplicate: 0 Fee Code: P40
[ Condition: OPERATING RESTRICTIONS
I License Type was Transferred On: 18-FEB-2003 FROM: 41-332184 I
[ 2) License Type: 30 - TEMPORARY PERMIT I
[ License Type Status: EXPIRED I
I Status Date: 17-0CT-2002 Term: 4 Month(s) I
I Original Issue Date: 17-0CT-2002 Expiration Date: 13-FEB-2003 I
I Master: Duplicate: Fee Code: I
I Condition: OPERATING RESTRICTIONS I
I License Type was Transferred On: 18-FEB-2003 FROM: 41-332184 I
ICurrent Disciplinary Action I
1. . . No Active Disciplinary Action found . .. I
jDisciplinary History I
I. .. No Disciplinary History found . .. I
I! II old I nfurm ation I
l .. No Active Holds found . .. I
http://www.abc.ca.gov/datportJLQSData.asp?ID=19390613 4/28/2011
SCIPSWEB Page 1 of 1
Property Characterisitcs
SecRoIII
http://scipsweb/web_dir/asr/SecInquiry/ScipsViewerDetai1.asp?PARCEL_NUMBER=013... 411312010
Pag 1 of 1
California Government code section 6254.21 prohibits the displaying of names and addresses on a
Government website
lues By Year
2009/10 2008/09 2007/08 2006/07 2005/06
Status AC AC AC AC AC
Tax Area Code 6056 6056 6056 6056 6056
Tac Last Year 6056 6056 6056 6056 6056
Use Code 3500 3500 3500 3500 3500
Exem Status NA NA NA NA NA
Full Values
Land $108,243 $106,121 $104,040 $102,000 $100,000
Improvements $227,311 $222,854 $218,484 $214,200 $210,000
TreesNines $0 $0 $0 $0 $0
Mineral Rights $0 $0 $0 $0 $0
FM&E $0 $0 $0 $0 $0
Personal Prop $0 $0 $0 $0 $0
Penalties $0 $0 $0 $0 $0
Exemptions $0 $0 $0 $0 $0
Total $335,554 $328,975 $322,524 $316,200 $310,000
IIIIIIIIIIII~
Fees
I
ROBERTJ.GABBAY 10.00
745 Lincoln Rd Taxes 341 .00
Yuba CA 95991 Other 0.00
PAID $351.00
(_) computed on full value less value of liens and encumbrances remaining at time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HAK SUNG KANG AND YEON OK
,.
Hereby GRANT(S) to ROBERT J. GABBAY , AN UNMARRIED MAN
THE LAND DESCRIBED HEREIN IS SITUATED IN THE ST ATE OF CALIFORNIA, COUNTY OF SOLANO, CITY OF
VACAVILLE, AND IS DESCRIBED AS FOLLOWS:
PARCEL 'A', AS SHOWN ON THAT CERTAIN PARCEL MAP "RESUBDIVISION OF LOTS 6, 7 AND 8, BLOCK 23, MAP
OF THE TOWN OF VACAVILLE", FILED IN THE OFFICE OF THE RECORDER OF SOLANO COUNTY, CALIFORNIA
ON AUGUST 12,1976 IN BOOK 11 OF PARCEL MAPS, PAGE 27.
A.P.N.0130-093-160 /
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS
DIRECTED ABOVE
SAME AS ABOVE
By
YEON
~JiL",~<
KANG C'
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument an acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument
WITNESS my
Signature: .........'7'r:>L.l..-'.........I-'+----"--'=,L--',-=O"""'---::::::::-=---!---'<
Commission
'#;:M!I
MAIL TAX STATEMENTS TO PARlY SHOWN ON FOLLOWING LINE, IF NO PARTY SHOWN, MAIL AS
DrRECTEn ABOVE
SAME AS ABOVE
Name Slreet Address City&State
O:ISIrPkg.doc (4/2002)
Case 2:11-cv-01337-DAD Document 1-4 Filed 05/17/11 Page 1 of 2
Novennber13,2009
LandlordlBusinesS Operator
Teriyaki House
120 Parker St
Vacaville, CA 95688
I would like to inform you that your property located at 120 Parker Street in Vacaville, CA is not in
compliance with the Americans with Disabilities Act (ADA). Please bring the property into Federal and State
disability access reqUirements within 90 days*. In the alternative, provide me with a disabled access compliance
report within 60 ~ays and a post construction review within 6 months. I am enclosing a publication which is
produced by the United States Department of Justice and covers some of the basic ADA gUidelines. Their web
site is www.ADAgov.
The State Of California has always been a leader in disability access and as such there are also State of
Califomia disabilitY access regulations which must be in compliance. Obtaining the correct mix of Federal and
State disability acfess laws is a very complicated procedure and is best performed by an expert consultant
trained in disabil~ access laws and regulations. Please do not rely on City or County building inspectors, State
Lottery inspectors, or non-existent grandfather clauses.
In January IOf 2009, Governor Schwarzenegger signed into law and made for the first time a procedure in
which disabled ac¢ess consultants can be certified by the State of Califomia. If a business operator or property
owner of commercial real estate which is considered to be a public accommodation and subject to the
Americans with Disabilities Act, they can simply retain the services of a certified inspector. If they do so and
bring the property ~nto compliance with the certified inspectors report and do this prior to litigation, they receive
certain state court procedure benefits. To learn more, please refer to the official California website
https:/ANww.apps.dgs.ca.gov/casp/casp main.aspx. The list of Certified Access Specialists (CASp) can be
found at https:/ANWw.apps.dgs.ca.gov/casp/casp certified list.aspx and is subject to change. Certified Access
Specialists (CASp) typically are retained and charge for their services on an individualized basis.
If you would like assistance in obtaining the services of an expert disability access consultant, please let
me know as soon as possible.
Scott N. Johnson
5150 Fair Oaks Blvd Suite 101
Carmichael, Ca 95608
Landlord/Business Operator
Teriyaki House I~
I""
\ ...J
120 Parker St
Vacaville, CA 95688