Disability Access Action Expensive For Wheelchair-Bound Plaintiff.

Plaintiff uses a wheelchair and brought an action against a small grocery store “for denying him and other similarly situated disabled persons access to the full and equal enjoyment of the goods and services offered” because a four-inch step at the entry to the market was a barrier. The grocer was granted summary judgment after establishing removal of the barrier was not readily achievable, and then moved for attorney fees. The trial court granted defendant $118,458 for its attorney fees. While not contesting the summary judgment, plaintiff appealed the trial court’s award of attorney fees. The California Supreme Court agreed with the trial court and “respectfully disagree[d] with the Hubbard [v. SoBreck, LLC, 554 F.3d 742] court’s preemption analysis,” concluding a mandatory fee award was both required by state law and permitted by federal law. It upheld the trial court’s fee award in its entirety. Jankey v. Lee (Cal. Sup. Ct.; December 17, 2012.) 55 Cal.4th 1038.