In plaintiff's action against a grocery/liquor store owner claiming discrimination on the basis of his disability because architectural barriers denied him entry to the store, summary judgment in favor of defendant on all causes of action and award of attorney's fees in the amount of $118,458 are affirmed as: 1) the court of appeals rejects the preemption analysis in Hubbard v. SoBreck, LLC, 554 F.3d 742 (9th Cir. 2009); 2) thus, the attorney's fees were properly awarded to defendant as a prevailing defendant under Civ. Code section 55; and 3) the amount of attorney's fees and costs was well within the trial court's discretion.
Filed February 5, 2010
Opinion by Judge Ruvolo
For Appellant: Thomas E. Frankovich