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DORAN v. DEL TACO, INC.

No. SA CV 03 1223GLTDA.

373 F.Supp.2d 1028 (2005)

Jerry DORAN, Plaintiff, v. DEL TACO, INC. et al., Defendants.

United States District Court, C.D. California, Southern Division.

June 9, 2005.

Attorney(s) appearing for the Case

Lynn Hubbard, III Law Offices, Adam Sorrells, Scottlynn J. Hubbard, IV, Chico, for plaintiff.

John H. Everett Law Offices, San Diego, for defendants.

ORDER ON ATTORNEYS' FEES

TAYLOR, District Judge.

Synthesizing current authorities, the Court holds it is a proper exercise of discretion to require a pre-litigation unambiguous warning notice to the defendant and a reasonable opportunity to cure the violation as a prerequisite to recovering attorneys' fees under the federal Americans with Disabilities Act or similar state statutes.

I. BACKGROUND

Plaintiff Jerry Doran is a paraplegic...

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