Defendants Menchies Frozen Yogurt and Zimar, Inc.’s unopposed Application for a Stay of Proceedings is GRANTED.

Background

Plaintiff alleges that he is a disabled person who, on November 15, 2016, was denied access to Defendant Menchie’s Frozen Yogurt and/or to facilities therein in violation of, among other things, the Unruh Civil Rights Act. Plaintiff commenced this action on May 2, 2017.

Defendant seeks a 90-day stay of the proceedings such that the parties are prohibited from taking any further action relating to the construction-related accessibility claims in this matter. Defendant asserts that the site has been inspected by a Certified Access Specialist (“CASp”) and that an inspection report by the CASp has been issued, a copy of which is attached to the application. Defendant has noticed an Early Evaluation Conference for July 26, 2017 in connection with its request.

Legal Standard

Under Cal. Civ. Code §§ 55.54(d)(4)(B) and 55.545(c)(2), a defendant may request a stay of p