In a case filed in the Ventura Superior Court, California, on December 6, 2023 (Case No. 2023CUCRO01 7345), plaintiff Lloyd Mosley represented by attorney Dayton Magallanes is suing Love Sushi House V, Inc., and Does 1-20 for damages and permanent injunctive relief due to alleged violations of Civil Code Section 51. The defendants are accused of failing to provide suitable facilities for disabled patrons at their restaurant located at 2941 Cochran Street, Suite 10, Simi Valley.
The complaint states that Mosley, a quadriplegic who uses a wheelchair for mobility, visited the restaurant twice in September and October of 2023. During his visits, he encountered architectural barriers such as a restroom mirror and coat hook mounted too high above the floor which were inaccessible to him.
Mosley alleges that these barriers denied him full and equal access to the restaurant's facilities causing him difficulty, discomfort, and embarrassment. He claims that these violations are easily removable without much difficulty or expense and asserts that there are numerous alternative accommodations that could be made to provide a greater level of access if complete removal were not readily achievable.
The plaintiff seeks remediation of all barriers related to his disability. He cites Doran v 7-11, which held that once a plaintiff encounters one barrier at a site, he can sue to have all barriers that relate to his disability removed regardless of whether he personally encountered them.