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California Court of Appeal


Nicholls v. Holiday Panay Marina, L.P., B202356

In an action brought under the Americans with Disabilities Act, trial court's grant of summary judgment for defendant is reversed and remanded where the court erred in concluding the marina's inaccessibility to plaintiff's wheelchair did not violate the ADA as the marina is a public accommodation even in the absence of an express designation.

Appellate Information

  • Decided 05/05/2009
  • Published 05/05/2009

Judges

  • RUBIN, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Center for Disability Access, Mark Dee Potter, San Diego, and Russell C. Handy, San Marcos, for Plaintiff and Appellant.

  • For Appellees:
  • Sedgwick, Detert, Moran & Arnold, Craig S. Barnes, Douglas J. Collodel and Alison K. Beanum, Los Angeles, for Defendant and Respondent.
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