United States Ninth Circuit

In an action brought by a paraplegic against Best Western under Title III of the Americans with Disabilities Act (ADA) and California civil rights laws, denial of plaintiff's motion for attorney's fees brought after settlement of the matter, as well as imposition of sanctions, are reversed where: 1) the district court erred in finding that plaintiff failed to provide evidence of her intent to return to the facility at the time that she filed suit; 2) she established that she suffered an "actual or imminent" injury sufficient to confer standing; and 3) a purported credibility ruling is rejected as it was improperly based on plaintiff's past ADA litigation.

Appellate Information

• Argued 11/05/2007
• Decided 08/12/2008
• Published 08/12/2008

Judges

• Before: B. FLETCHER, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy S. Thimesch, Esq., Thimesch Law Offices, Walnut Creek, CA, for the plaintiff-appellant.


• For Appellees:
  
• Jeffrey H. Baraban, Esq., Christopher S. Teske, Esq., James S. Link, Esq. (argued), Baraban & Teske, Pasadena, CA, for the defendants-appellees., Martin H. Orlick, Esq., Jeffer, Mangels, Butler & Marmaro, LLP, San Francisco, CA, for the defendants-appellees.