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NORTHERN CALIFORNIA RECORD

Thursday, April 18, 2024

The Burnt Tortilla alleged to have failed to maintain parking space for patrons with disabilities

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LOS ANGELES – A wheelchair user alleges a Gardena restaurant denied him full and equal access because it failed to maintain the parking space designated for persons with disabilities.

Pedro Jimenez filed a complaint on May 1 in the U.S. District Court for the Central District of California against The Burnt Tortilla and Does 1-10 alleging violation of the Americans with Disabilities Act and the Unruh Civil Rights Act.

According to the complaint, the plaintiff alleges that on Oct. 27, 2017, and again on Dec. 6, 2017, he was discriminated on both occasions while using the facilities of the defendant. He alleges he sustained difficulty utilizing the parking spaces because of defendant's purported failure to make reasonable modifications to accommodate all individuals, including persons with disabilities. 

The plaintiff holds The Burnt Tortilla and Does 1-10 responsible because the defendants allegedly failed to provide safe and accessible facilities to the plaintiff, violated the provisions of ADA, and failed to maintain the parking space designated for persons with disabilities.

The plaintiff requests a trial by jury and seeks judgment against defendants for preliminary and permanent injunction, award of statutory, general and treble damages, restitution, attorney’s fees, litigation expenses and costs of suit. He is represented by Kevin Hong of Advanced Disability Advocates in Los Angeles.

U.S. District Court for the Central District of California case number 2:18-cv-03678

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