HUBBARD v. SOBRECK, LLC

No. 06-56870.

531 F.3d 983 (2008)

Lynn J. HUBBARD; Barbara J. Hubbard, Plaintiffs-Appellants, v. SOBRECK, LLC, dba: Johnny Carinos, Defendant-Appellee, Does I Through X Inclusive, Defendant-Appellee, and Eastlake Village Marketplace LLC, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2008.


Attorney(s) appearing for the Case

Scottlynn J. Hubbard, Chico, CA, for plaintiffs-appellants Lynn J. Hubbard, et al.

Donald Merkin, San Diego, CA, for defendant-appellee, SoBreck, LLC, et al.

Before: MARY M. SCHROEDER, BARRY G. SILVERMAN, and MARSHA S. BERZON, Circuit Judges.


SCHROEDER, Circuit Judge:

Plaintiffs-appellants Lynn and Barbara Hubbard filed parallel claims for violations of both the Americans with Disabilities Act ("ADA") and the California Disabled Persons Act ("CDPA"). Their complaint alleged barriers that deprived them of full and equal access to the restaurant operated by defendants-appellees SoBreck, LLC, dba Johnny Carino's. We consider whether the district court properly awarded attorney's fees to defendants under the...

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