Free Answer to Complaint - District Court of California - California

Case 3:08-cv-00471-JAH-LSP

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Max C. Fischer (SBN 226003) [email protected] Aimee G. Mackay (SBN 221690) [email protected] SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013-1010 Telephone: (213) 896-6000 Facsimile: (213) 896-6600 Attorneys For Defendant C.V. CENTER, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA BARBARA HUBBARD, ) ) Plaintiff, ) C.V. CENTER, INC., JAMBA JUICE ) COMPANY dba JAMBA JUICE #603; ) CASUAL DINING SERVICES, INC. ) dba PIZZERIA UNO; MERVYN'S LLC; STARBUCKS CORPORATION ) dba STARBUCKS COFFEE #6632; J.C. ) PENNEY COMPANY, INC. dba JCPENNEY #1274; SERLER, INC. dba ) SUBWAY #31595; MANA ) DEVELOPMENT GROUP, LLC dba ) PANERA BREAD, CAFÉ #4284 ) Defendants, ) ) ) ) Case No. 08-CV-471-JAH LSP Assigned to: The Honorable John A. Houston

ANSWER OF DEFENDANT C.V. CENTER, INC. TO PLAINTIFF'S COMPLAINT

ANSWER OF DEFENDANT C.V. CENTER, INC. TO PLAINTIFF'S COMPLAINT

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Defendant C.V. CENTER, INC. ("Defendant") for itself and no other defendant, hereby answers the complaint ("Complaint") filed by Plaintiff Barbara Hubbard ("Plaintiff") as follows: INTRODUCTION 1. Paragraph 1 of the Complaint consists of legal conclusions to

which Defendant is not required to respond. To the extent a response is required, Defendant admits that the property in question is located at 555 Broadway in Chula Vista, California. Defendant denies any remaining allegations. 2. In response to Paragraph 2 of the Complaint, Defendant admits

that Plaintiff seeks the relief identified with respect to the claims asserted in Paragraph 2. Defendant denies that Plaintiff is entitled to the relief enumerated in Paragraph 2, or to any relief at all. JURISDICTION 3. Paragraph 3 consists of legal conclusions to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff seeks to base jurisdiction in this Court on the statutes identified in Paragraph 3. 4. Paragraph 4 consists of legal conclusions to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff seeks to base jurisdiction in this Court on the statute identified in Paragraph 4, and that Plaintiff contends that her claims arise out of the same nucleus of operative facts. 5. Paragraph 5 consists of legal conclusions to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff contends his claims are authorized by the statutes identified in Paragraph 5.

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VENUE Paragraph 6 consists of legal conclusions to which Defendant is

not required to respond. To the extent that a response is required, Defendant admits that Plaintiff purports to base proper venue on the statutes identified in Paragraph 6. PARTIES In response to Paragraph 7, Defendant admits that it is a Delaware

corporation. The remainder of the allegations in Paragraph 7 are vague, ambiguous and unintelligible, and on that basis Defendant denies them. 8. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 8, and on that basis, denies them. 9. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 9, and on that basis, denies them. 10. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 10, and on that basis, denies them. 11. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 11, and on that basis, denies them. 12. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 12, and on that basis, denies them. 13. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 13, and on that basis, denies them. 14. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 14, and on that basis, denies them. 15. Paragraph 15 consists of legal conclusions to which no response is

required. To the extent a response is required, Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 15, and on that basis, denies them.

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FACTS Defendant admits that the "Chula Vista Center Common Area

Facility" is an area of the property commonly known as Chula Vista Mall which is open to the business invitees of Defendant, is intended for nonresidential use and its operation affects commerce. Defendant lacks sufficient knowledge or information to form a belief as to the remaining allegations contained in Paragraph 16, and on that basis, denies them. 17. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 17, and on that basis, denies them. 18. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 18, and on that basis, denies them. 19. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 19, and on that basis, denies them. 20. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 20, and on that basis, denies them. 21. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 21, and on that basis, denies them. 22. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 22, and on that basis, denies them. 23. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 23, and on that basis, denies them. 24. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 24, and on that basis, denies them. 25. contained therein. 26. In response to Paragraph 26, Defendant denies that its goods, In response to Paragraph 25, Defendant denies the allegations

services, facilities, privileges, advantages, and accommodations were unavailable to 4
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physically disabled patrons. Defendant lacks sufficient knowledge or information to form a belief as to the remaining allegations of Paragraph 26, and on that basis, denies them. 27. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 27, and on that basis, denies them. 28. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 28, and on that basis, denies them. 29. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 29, and on that basis, denies them. 30. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 30, and on that basis, denies them. 31. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 31, and on that basis, denies them. 32. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 32, and on that basis, denies them. 33. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 33, and on that basis, denies them. 34. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 34, and on that basis, denies them. 35. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 35, and on that basis, denies them. 36. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 36, and on that basis, denies them. 37. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 37, and on that basis, denies them. 38. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 38, and on that basis, denies them. 5
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39.

Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 39, and on that basis, denies them. 40. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 40, and on that basis, denies them. 41. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 41, and on that basis, denies them. 42. contained therein. 43. Defendant lacks sufficient knowledge or information to form a In response to Paragraph 42, Defendant denies the allegations

belief as to the allegations of Paragraph 43 related to the generically described "relevant times" and "current condition," and on that basis, denies the allegations contained in Paragraph 43. 44. contained therein. 45. Defendant lacks sufficient knowledge or information to form a In response to Paragraph 44, Defendant denies the allegations

belief as to the allegations contained in Paragraph 45, and on that basis, denies them. 46. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 46, and on that basis, denies them. 47. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 47, and on that basis, denies them. 48. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 48, and on that basis, denies them. 49. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 49, and on that basis, denies them. 50. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 50, and on that basis, denies them. 51. Defendant lacks sufficient knowledge or information to form a 6
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belief as to the allegations contained in Paragraph 51, and on that basis, denies them. 52. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 52, and on that basis, denies them. 53. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 53, and on that basis, denies them. 54. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 54, and on that basis, denies them. 55. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 55, and on that basis, denies them. 56. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 56, and on that basis, denies them. 57. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 57, and on that basis, denies them. 58. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 58, and on that basis, denies them. 59. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 59, and on that basis, denies them. 60. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 60, and on that basis, denies them. 61. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 61, and on that basis, denies them. 62. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 62, and on that basis, denies them. 63. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 63, and on that basis, denies them. 64. Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 64, and on that basis, denies them. 7
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65.

Defendant lacks sufficient knowledge or information to form a

belief as to the allegations contained in Paragraph 65, and on that basis, denies them. FIRST CLAIM (Americans with Disabilities Act of 1990) Denial of Full and Equal Enjoyment and Use (The Chula Vista Center Common Area Facility) 66. In response to Paragraph 66, Defendant incorporates by reference

its responses to Paragraphs 1-65. 67. Paragraph 67 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite what the Americans with Disabilities Act ("ADA") holds as a "general rule." 68. contained therein. Failure to Remove Architectural Barriers in an Existing Facility 69. Paragraph 69 consists of a legal assertion to which Defendant is In response to Paragraph 68, Defendant denies the allegations

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA, and that Plaintiff purports to recite the definition of "readily achievable." 70. Paragraph 70 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the "readily achievable" standard. 71. Paragraph 71 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant lacks sufficient knowledge or information as to the allegations of Paragraph 71 as they relate to the generically described "architectural barriers," and on that basis, denies them. 8
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72.

Paragraph 72 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant denies the allegations in Paragraph 72. Failure to Design and Construct an Accessible Facility 73. Paragraph 73 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that some construction was done to the area described as the "Chula Vista Center Common Area Facility" after January 29, 1992. 74. Paragraph 74 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA. 75. Paragraph 75 consists of legal conclusions to which Defendant is

not required to respond. To the extent a response is required, Defendant denies the allegations in Paragraph 75. Failure to Make an Altered Facility Accessible 76. Paragraph 76 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that some construction was done to the area described as the "Chula Vista Center Common Area Facility" after January 29, 1992. 77. Paragraph 77 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite requirements contained in Title III of the ADA. 78. Paragraph 78 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant denies the allegations of Paragraph 78. Failure to Modify Existing Policies and Procedures 79. Paragraph 79 consists of a legal assertion to which Defendant is 9
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not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions of Title III of the ADA. 80. Paragraph 80 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant denies the allegations of Paragraph 80. 81. In response to Paragraph 81, Defendant denies all allegations

contained therein, and further denies that Plaintiff is entitled to the claimed relief, or to any relief at all. 82. In response to Paragraph 82, Defendant denies all allegations

contained therein, and further denies that Plaintiff is entitled to the claimed relief, or to any relief at all. SECOND CLAIM Disabled Persons Act (The Chula Vista Center Common Area Facility) 83. In response to Paragraph 83, Defendant incorporates by reference

its responses to Paragraphs 1-82. 84. Paragraph 84 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54 of the California Civil Code. 85. Paragraph 85 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54.1 of the California Civil Code. 86. Paragraph 86 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Sections 54 and 54.1 of the California Civil Code. 10
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87.

Paragraph 87 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant denies the allegations contained in Paragraph 87. 88. In response to Paragraph 88, Defendant denies all allegations

contained therein, and further denies that Plaintiff is entitled to the claimed relief, or to any relief at all. 89. In response to Paragraph 89, Defendant denies all allegations

contained therein, and further denies that Plaintiff is entitled to the claimed relief, or to any relief at all. THIRD CLAIM Unruh Civil Rights Act (The Chula Vista Center Common Area Facility) 90. Defendant incorporates by reference its responses to Paragraphs 1-

91.

Paragraph 91 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51 of the California Civil Code. 92. Paragraph 92 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51.5 of the California Civil Code. 93. Paragraph 93 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite Section 51(f) of the California Civil Code. 94. Paragraph 94 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant denies the allegations contained in Paragraph 94. 11
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95.

Paragraph 95 consists of a legal conclusion to which Defendant is

not required to respond. To the extent a response is required, Defendant denies the allegations contained in Paragraph 95. 96. In response to Paragraph 96, Defendant denies all allegations

contained therein, and further denies that Plaintiff is entitled to the claimed relief, or to any relief at all. 97. In response to Paragraph 97, Defendant denies all allegations

contained therein, and further denies that Plaintiff is entitled to the claimed relief, or to any relief at all. FOURTH CLAIM Denial of Full and Equal Access to Public Facilities (The Chula Vista Center Common Area Facility) 98. Defendant incorporates by reference its responses to Paragraphs 1-

99.

Paragraph 99 consists of a legal assertion to which Defendant is

not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 100. Paragraph 100 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 101. Paragraph 101 consists of a legal conclusion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that the area described as the "Chula Vista Center Common Area Facility" was constructed, altered or repaired after July 1, 1970, that the area is open to the general public, and that business is conducted in the area. Except as previously admitted herein, Defendant denies the remaining allegations of Paragraph 101. 102. Paragraph 102 consists of a legal conclusion to which Defendant is 12
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not required to respond. To the extent a response is required, Defendant denies the allegations of Paragraph 102, and further denies that Plaintiff is entitled to the relief requested therein, or to any relief at all. FIFTH CLAIM (Americans with Disabilities Act of 1990) Denial of Full and Equal Enjoyment and Use (The Jamba Juice Facility) 103. In response to Paragraph 103, Defendant incorporates by reference its responses to Paragraphs 1-102. 104. Paragraph 104 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite what the Americans with Disabilities Act ("ADA") holds as a "general rule." 105. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 105, and on that basis, denies them. Failure to Remove Architectural Barriers in an Existing Facility 106. Paragraph 106 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA, and that Plaintiff purports to recite the definition of "readily achievable." 107. Paragraph 107 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the "readily achievable" standard. 108. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 108, and on that basis, denies them. 109. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 109, and on that basis, denies them. 13
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Failure to Design and Construct an Accessible Facility 110. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 110, and on that basis, denies them. 111. Paragraph 111 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA. 112. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 112, and on that basis, denies them. Failure to Make an Altered Facility Accessible 113. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 113, and on that basis, denies them. 114. Paragraph 114 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite requirements contained in Title III of the ADA. 115. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 115, and on that basis, denies them. Failure to Modify Existing Policies and Procedures 116. Paragraph 116 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions of Title III of the ADA. 117. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 117, and on that basis, denies them. 118. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 118, and on that basis, denies them. 119. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 119, and on that basis, denies them.

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SIXTH CLAIM Disabled Persons Act (The Jamba Juice Facility) 120. In response to Paragraph 120, Defendant incorporates by reference its responses to Paragraphs 1-119. 121. Paragraph 121 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54 of the California Civil Code. 122. Paragraph 122 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54.1 of the California Civil Code. 123. Paragraph 123 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Sections 54 and 54.1 of the California Civil Code. 124. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 124, and on that basis, denies them. 125. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 125, and on that basis, denies them. 126. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 126, and on that basis, denies them. SEVENTH CLAIM Unruh Civil Rights Act (The Jamba Juice Facility) 127. Defendant incorporates by reference its responses to Paragraphs 1-

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128. Paragraph 128 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51 of the California Civil Code. 129. Paragraph 129 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51.5 of the California Civil Code. 130. Paragraph 130 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite Section 51(f) of the California Civil Code. 131. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 131, and on that basis, denies them. 132. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 132, and on that basis, denies them. 133. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 133, and on that basis, denies them. 134. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 134, and on that basis, denies them. EIGHTH CLAIM Denial of Full and Equal Access to Public Facilities (The Jamba Juice Facility) 135. Defendant incorporates by reference its responses to Paragraphs 1-

136. Paragraph 136 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 137. Paragraph 137 consists of a legal assertion to which Defendant is 16
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not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 138. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 138, and on that basis, denies them. 139. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 139, and on that basis, denies them. NINTH CLAIM (Americans with Disabilities Act of 1990) Denial of Full and Equal Enjoyment and Use (The Pizzeria Uno Facility) 140. In response to Paragraph 140, Defendant incorporates by reference its responses to Paragraphs 1-139. 141. Paragraph 141 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite what the Americans with Disabilities Act ("ADA") holds as a "general rule." 142. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 142, and on that basis, denies them. Failure to Remove Architectural Barriers in an Existing Facility 143. Paragraph 143 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA, and that Plaintiff purports to recite the definition of "readily achievable." 144. Paragraph 144 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the "readily achievable" standard. 145. Defendant lacks sufficient knowledge or information to form a 17
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belief as to the allegations contained in Paragraph 145, and on that basis, denies them. 146. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 146, and on that basis, denies them. Failure to Design and Construct an Accessible Facility 147. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 147, and on that basis, denies them. 148. Paragraph 148 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA. 149. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 149, and on that basis, denies them. Failure to Make an Altered Facility Accessible 150. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 150, and on that basis, denies them. 151. Paragraph 151 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite requirements contained in Title III of the ADA. 152. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 152, and on that basis, denies them. Failure to Modify Existing Policies and Procedures 153. Paragraph 153 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions of Title III of the ADA. 154. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 154, and on that basis, denies them. 155. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 155, and on that basis, denies them. 18
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156. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 156, and on that basis, denies them. TENTH CLAIM Disabled Persons Act (The Pizzeria Uno Facility) 157. In response to Paragraph 157, Defendant incorporates by reference its responses to Paragraphs 1-156. 158. Paragraph 158 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54 of the California Civil Code. 159. Paragraph 159 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54.1 of the California Civil Code. 160. Paragraph 160 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Sections 54 and 54.1 of the California Civil Code. 161. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 161, and on that basis, denies them. 162. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 162, and on that basis, denies them. 163. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 163, and on that basis, denies them.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 163.

ELEVENTH CLAIM Unruh Civil Rights Act (The Jamba Juice Area Facility) 164. Defendant incorporates by reference its responses to Paragraphs 1-

165. Paragraph 165 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51 of the California Civil Code. 166. Paragraph 166 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51.5 of the California Civil Code. 167. Paragraph 167 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite Section 51(f) of the California Civil Code. 168. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 168, and on that basis, denies them. 169. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 169, and on that basis, denies them. 170. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 170, and on that basis, denies them. 171. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 171, and on that basis, denies them. TWELFTH CLAIM Denial of Full and Equal Access to Public Facilities (The Pizzeria Uno Facility) 172. Defendant incorporates by reference its responses to Paragraphs 120
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171. 173. Paragraph 173 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 174. Paragraph 174 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 175. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 175, and on that basis, denies them. 176. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 176, and on that basis, denies them. THIRTEENTH CLAIM (Americans with Disabilities Act of 1990) Denial of Full and Equal Enjoyment and Use (The Mervyn's Facility) 177. In response to Paragraph 177, Defendant incorporates by reference its responses to Paragraphs 1-176. 178. Paragraph 178 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite what the Americans with Disabilities Act ("ADA") holds as a "general rule." 179. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 179, and on that basis, denies them. Failure to Remove Architectural Barriers in an Existing Facility 180. Paragraph 180 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA, and that 21
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Plaintiff purports to recite the definition of "readily achievable." 181. Paragraph 181 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the "readily achievable" standard. 182. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 182, and on that basis, denies them. 183. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 183, and on that basis, denies them. Failure to Design and Construct an Accessible Facility 184. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 184, and on that basis, denies them. 185. Paragraph 185 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA. 186. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 186, and on that basis, denies them. Failure to Make an Altered Facility Accessible 187. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 187, and on that basis, denies them. 188. Paragraph 188 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite requirements contained in Title III of the ADA. 189. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 189, and on that basis, denies them. Failure to Modify Existing Policies and Procedures 190. Paragraph 190 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that 22
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Plaintiff purports to recite prohibitions of Title III of the ADA. 191. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 191, and on that basis, denies them. 192. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 192, and on that basis, denies them. 193. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 193, and on that basis, denies them. FOURTEENTH CLAIM Disabled Persons Act (The Mervyn's Facility) 194. In response to Paragraph 194, Defendant incorporates by reference its responses to Paragraphs 1-193. 195. Paragraph 195 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54 of the California Civil Code. 196. Paragraph 196 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54.1 of the California Civil Code. 197. Paragraph 197 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Sections 54 and 54.1 of the California Civil Code. 198. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 198, and on that basis, denies them. 199. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 199, and on that basis, denies them. 23
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200.

200. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 200, and on that basis, denies them. FIFTEENTH CLAIM Unruh Civil Rights Act (The Mervyn's Facility) 201. Defendant incorporates by reference its responses to Paragraphs 1-

202. Paragraph 202 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51 of the California Civil Code. 203. Paragraph 203 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51.5 of the California Civil Code. 204. Paragraph 204 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite Section 51(f) of the California Civil Code. 205. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 205, and on that basis, denies them. 206. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 206, and on that basis, denies them. 207. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 207, and on that basis, denies them. 208. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 208, and on that basis, denies them.

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SIXTEENTH CLAIM Denial of Full and Equal Access to Public Facilities (The Mervyn's Facility) 209. Defendant incorporates by reference its responses to Paragraphs 1-

210. Paragraph 210 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 211. Paragraph 211 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 212. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 212, and on that basis, denies them. 213. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 213, and on that basis, denies them. SEVENTEENTH CLAIM (Americans with Disabilities Act of 1990) Denial of Full and Equal Enjoyment and Use (The Starbucks Facility) 214. In response to Paragraph 214, Defendant incorporates by reference its responses to Paragraphs 1-213. 215. Paragraph 215 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite what the Americans with Disabilities Act ("ADA") holds as a "general rule." 216. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 216, and on that basis, denies them. 25
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Failure to Remove Architectural Barriers in an Existing Facility 217. Paragraph 217 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA, and that Plaintiff purports to recite the definition of "readily achievable." 218. Paragraph 218 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the "readily achievable" standard. 219. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 219, and on that basis, denies them. 220. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 220, and on that basis, denies them. Failure to Design and Construct an Accessible Facility 221. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 221, and on that basis, denies them. 222. Paragraph 222 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA. 223. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 223, and on that basis, denies them. Failure to Make an Altered Facility Accessible 224. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 224, and on that basis, denies them. 225. Paragraph 225 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite requirements contained in Title III of the ADA. 226. Defendant lacks sufficient knowledge or information to form a 26
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belief as to the allegations contained in Paragraph 226, and on that basis, denies them. Failure to Modify Existing Policies and Procedures 227. Paragraph 227 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions of Title III of the ADA. 228. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 228, and on that basis, denies them. 229. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 229, and on that basis, denies them. 230. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 230, and on that basis, denies them. EIGHTEENTH CLAIM Disabled Persons Act (The Starbucks Facility) 231. In response to Paragraph 231, Defendant incorporates by reference its responses to Paragraphs 1-230. 232. Paragraph 232 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54 of the California Civil Code. 233. Paragraph 233 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54.1 of the California Civil Code. 234. Paragraph 234 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Sections 54 and 54.1 of the California Civil Code. 27
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 237.

235. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 235, and on that basis, denies them. 236. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 236, and on that basis, denies them. 237. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 237, and on that basis, denies them. NINETEENTH CLAIM Unruh Civil Rights Act (The Starbucks Facility) 238. Defendant incorporates by reference its responses to Paragraphs 1-

239. Paragraph 239 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51 of the California Civil Code. 240. Paragraph 240 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51.5 of the California Civil Code. 241. Paragraph 241 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite Section 51(f) of the California Civil Code. 242. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 242, and on that basis, denies them. 243. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 243, and on that basis, denies them. 244. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 244, and on that basis, denies them. 28
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 245.

245. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 245, and on that basis, denies them. TWENTIETH CLAIM Denial of Full and Equal Access to Public Facilities (The Starbucks Facility) 246. Defendant incorporates by reference its responses to Paragraphs 1-

247. Paragraph 247 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 248. Paragraph 248 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 249. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 249, and on that basis, denies them. 250. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 250, and on that basis, denies them. TWENTY-FIRST CLAIM (Americans with Disabilities Act of 1990) Denial of Full and Equal Enjoyment and Use (The JCPenney Facility) 251. In response to Paragraph 251, Defendant incorporates by reference its responses to Paragraphs 1-250. 252. Paragraph 252 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite what the Americans with Disabilities Act ("ADA") holds as a "general rule." 29
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253. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 253, and on that basis, denies them. Failure to Remove Architectural Barriers in an Existing Facility 254. Paragraph 254 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA, and that Plaintiff purports to recite the definition of "readily achievable." 255. Paragraph 255 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the "readily achievable" standard. 256. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 256, and on that basis, denies them. 257. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 257, and on that basis, denies them. Failure to Design and Construct an Accessible Facility 258. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 258, and on that basis, denies them. 259. Paragraph 259 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions contained in Title III of the ADA. 260. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 260, and on that basis, denies them. Failure to Make an Altered Facility Accessible 261. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 261, and on that basis, denies them. 262. Paragraph 262 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that 30
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Plaintiff purports to recite requirements contained in Title III of the ADA. 263. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 263, and on that basis, denies them. Failure to Modify Existing Policies and Procedures 264. Paragraph 264 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite prohibitions of Title III of the ADA. 265. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 265, and on that basis, denies them. 266. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 266, and on that basis, denies them. 267. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 267, and on that basis, denies them. TWENTY-SECOND CLAIM Disabled Persons Act (The JCPenney Facility) 268. In response to Paragraph 268, Defendant incorporates by reference its responses to Paragraphs 1-267. 269. Paragraph 269 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54 of the California Civil Code. 270. Paragraph 270 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 54.1 of the California Civil Code. 271. Paragraph 271 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that 31
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Plaintiff purports to recite the requirements of Sections 54 and 54.1 of the California Civil Code. 272. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 272, and on that basis, denies them. 273. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 273, and on that basis, denies them. 274. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 274, and on that basis, denies them. TWENTY-THIRD CLAIM Unruh Civil Rights Act (The JCPenney Facility) 275. Defendant incorporates by reference its responses to Paragraphs 1274. 276. Paragraph 276 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51 of the California Civil Code. 277. Paragraph 277 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite the requirements of Section 51.5 of the California Civil Code. 278. Paragraph 278 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite Section 51(f) of the California Civil Code. 279. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 279, and on that basis, denies them. 280. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 280, and on that basis, denies them. 32
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 282.

281. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 281, and on that basis, denies them. 282. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 282, and on that basis, denies them. TWENTY-FOURTH CLAIM Denial of Full and Equal Access to Public Facilities (The JCPenney Facility) 283. Defendant incorporates by reference its responses to Paragraphs 1-

284. Paragraph 284 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 285. Paragraph 285 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that Plaintiff purports to recite a portion of California's Health & Safety Code. 286. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 286, and on that basis, denies them. 287. Defendant lacks sufficient knowledge or information to form a belief as to the allegations contained in Paragraph 287, and on that basis, denies them. TWENTY-FIFTH CLAIM (Americans with Disabilities Act of 1990) Denial of Full and Equal Enjoyment and Use (The Subway Facility) 288. In response to Paragraph 288, Defendant incorporates by reference its responses to Paragraphs 1-287. 289. Paragraph 289 consists of a legal assertion to which Defendant is not required to respond. To the extent a response is required, Defendant admits that 33
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Plaintiff purports to recite what the Americans with Disabilities Act ("ADA