MEMORANDUM OF POINTS AND AUTHORITIES
BACKGROUND
Hoagie Steakout is located in South Third Street in San Jose California. It is a small family run restaurant owned and operated by husband and wife, Mr. Paik and Mrs Kim under YP Enterprises dba Hoagie Steakout. Mr. Paik and Mrs. Kim and family came to United States in 2011 under E-2 Visa. On October 31, 2011, Mr. Paik and Mrs. Kim purchased the existing business, assumed the lease from previous owner and operated the business since. Mr. Paik and Mrs. Kim purchased this “Turn-Key Operation” as is and made no other alteration or renovation on the structure. Prior improvements, building inspection and permits required and applications were completed by the previous business owner in 2007. City
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Defendants’ agree that the entrance to the Facility is located up a flight of steps and there is no available ramp or elevator for Plaintiff to enter the Facility. However, removal of the step was not readily achievable. In fact, the process, the alteration and removal of architectural barrier of a Victorian house would be costly, contrary to Plaintiff’s claim that removal of these barriers to be without difficulty or expense. In addition, Defendants did not refuse to remove the barriers as stated in the complaint. Although, the requested alteration, renovation and modification impose an undue financial burden to the defendants, EnS Associates since January has been in consultation with office of Hansen Architect, had retained their service to conduct feasibility calculation to identify the corrections that needed to be made. Defendants have been taking affirmative steps to enable the business premises to meet all applicable access standards. In addition, the Facility has posted an ADA renovation in progress sign in front of their doors. EnS Associate, in partner with Hoagie Steakout, are in the process of installing a lift. However, planning, …show more content…
CACA provides for an automatic stay and early settlement and evaluation conference to resolve construction-related accessibility claims.
Civil Code Section 55.54(b)(1) states in relevant part:
Notwithstanding any other provision of law, upon being served with a summon and complaint asserting a construction-related accessibility claim, including, but not limited to a claim brought under Section 51, 54, 54.1 or 55, a qualified defendant may file a request for a court stay and early evaluation conference in the proceedings of that claim prior to or simultaneous with qualified defendant’s responsive pleading or other initial appearance in the action that include the claim.
Civil Code section 55.52(a)(8) provides:
“Qualifed defendant” means a defendant in an action that includes a construction-related accessibility claim that is asserted against a place of public accommodation that met the requirements of CASp-inspected or “CASp determination pending” prior to the date the defendant was served with the summons and complaint in that
This is a complex case, involving multiple parties and several variables that need to be examined thoroughly. The parties mentioned include Knarles operator of the facility maintenance company, his son Barkley, their employee, a licensed plumber, and Mr. Chetum. Although in the end Chetum is suing the facilities maintenance firm for a breach of contract, all factors must be examined to determine proper fault.
The commonwealth outlined several behaviors the defendants displayed as basis for their appeal. The first fact presented by the commonwealth was that months prior to the fire the defendants had been trespassing in the cold storage and been living there. The defendants used the second floor as a makeshift apartment that was lighted by candles and kerosene heater. The next fact presented was that the defendants accidently started the fire and they tried to extinguish it before abandoning their efforts. Another fact present...
The objective of this experiment was to determine whether or not the ramps at the Sequoyah High School met the qualifications of the American Disability Act, which is enacted to ensure the safety and protection of disabled people in the United States by taking extra measures in public places, such as installation of ramps In the experiment, one person put the laser at the top of the ramps, making sure it was level. Another person then took a meter stick, and measured where the laser light hit the meter stick at the bottom of the ramps. This helped them determine the height of the ramps. A person then used measuring tape to measure the length of the ramp, or the distance of its hypotenuse. If the ramp had handrails, they determined the width of them. They also measured the height of the ramp. The people took further efforts by measuring the lengths of the base to make sure that the disabled person in question had room to turn around. The people then had to find the measurement of the ramp’s angle using the knowledge they learned in their Trigonometry class.
...and the impact of the accommodation on the operation of the facility. Accommodations of a personal nature that are used both on and off the job (such as a guide dog for a visually-impaired employee, or a wheelchair) would not be the employers responsibility”(6).
11).” The majority of disabilities are extremely easy and inexpensive to implement and or accommodate. For example, an employee who is hindered by a cognitive disability may not be able to work in loud environments. By simply providing a office with a closed door and or allowing an employee to work varying hours so they are not around the noise are reasonable an inexpensive accommodations that any company can handle. Lastly, when there are questions and or concerns regarding appropriate accommodations it’s vital that the employee, employee’s managers, and human resources have an interactive conversation to properly determine appropriate accommodations. By following these processes and providing accommodations employers are producing improved morale, and increased productivity (Sotoa & Kleiner, 2013, p.
The Americans with Disabilities Act (ADA) is one of the most significant laws in American History. Before the ADA was passed, employers were able to deny employment to a disabled worker, simply because he or she was disabled. With no other reason other than the person's physical disability, they were turned away or released from a job. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. The act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. The ADA not only opened the door for millions of Americans to get back into the workplace, it paved the road for new facilities in the workplace, new training programs, and created jobs designed for a disabled society (Frierson, 1990). This paper will discuss disabilities covered by the ADA, reasonable accommodations employers must take to accommodate individuals with disabilities, and the actions employers can take when considering applicants who have disabilities.
According to the Panera Bread website (2011), the company mission is simply “A loaf of bread in every arm.” (para 7).
United States Department of Justice. (1993). ADA Title III Technical Assistance Manual § III-8-1000. Retrieved June 29, 2010 from http://www.ada.gov/taman3.html/
The ADA has been called the most meaningful act since the Civil Rights Act of 1964. Activists said, “’It’s the first declaration of independence and equity for people with disabilities…It’s like the Berlin Wall coming down’” (O’Brien 162). The ADA is divided into five titles each addressing a different area of concern for the disabled. Title I protects the disabled from discrimination in the work place. Since the adoption of the ADA, Title I has had little impact on the rate of disabled people being hired for new jobs; furthermore, disabled individuals facing discrimination in their current jobs have found little justice through new legal avenues provided by Title I. Most cases are filed by disabled workers who are requesting appropriate accommodations from their employer, in many of these instances; accommodations entail slight adjustments to the employees’ work area by installing ramps or railings. Unfortunately, many employers see the adjustments as a hassle and disabled employees are forced to work in subpar conditions.
Burger King delivers value to their customers through their products, prices, and place and promotion strategies - (“BK doesn’t just promise value, they actually deliver value”). Burger king has been in existence for 60 years and is growing rapidly in many other countries. Burger King delivers quality, great tasting food which satisfies ones need or wants and captures the value of customers even before the first purchase is made. Burger King has products very unique from other competitors such as KFC and McDonalds. The difference is that Burger King does not limit their customers in terms of what they eat. For example, when I spoke to a customer also big fan of Burger King, he mentioned that the sauces are left public for the customer to decide on which sauce to have rather than giving the customer one kind of sauce such as McDonalds and KFC. The cold beverage is also self-help service in which customers can help themselves to a bottomless drink. This way the customer feels free to choose what satisfies the need or want.
McDonald's Corporation is the largest fast-food operator in the World and was originally formed in 1955 after Ray Kroc pitched the idea of opening up several restaurants based on the original owned by Dick and Mac McDonald. McDonald's went public in 1965 and introduced its flagship product, the Big Mac, in 1968. Today, McDonald's operates more than 30,000 restaurants in over 100 countries and have one of the world's most widely known brand names. McDonald's sales hit $57 billion company-wide and over $25 billion in the United States in 2006 (S&P).
Mr. Ogren reported the applicant is requesting a variance from the maximum square feet allowed for an accessory ...
The main challenge is to determine how Panera Bread can continue to achieve high growth rates in the future. Panera Bread is operating in an extremely high competitive restaurant market which forces the company to improve and to grow steadily for staying profitable. The company’s mission statement of putting “a loaf of bread in every arm” is just underlying Panera’s commitment for growing. They are now in a good financial situation and facing growth rates of up to 20% per year in a niche market that has a great growth potential. In the next 7 years the fast-casual market is expected to grow by 500% in sales to a total of $30 billion.
Issue: Does party bringing suit (Plaintiff – Paul Cronan) qualify under the ADA for disability?