California Court of Appeal

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Carolyn v. Orange Park Cmty. Ass'n., G041177

In plaintiff's suit against a community association involving his desired use of certain recreational trails within portions of common areas, summary judgment in favor of the association is affirmed as the trails are not a public accommodation within the definition of the ADA, California Disabled Persons Act, Unruh Act, Government Code section 4450 and Health and Safety Code section 1995, and a private property owner does not convert a private recreational property into a public accommodation by failing to actively deny the public access to the recreational property.

Appellate Information

  • Decided 09/21/2009
  • Published 09/21/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of B. Paul Husband and B. Paul Husband, Universal City; and Cheryl Alison Skigin, Orange, for Plaintiff and Appellant.

  • For Appellees:
  • Kulik, Gottesman, Mouton & Siegel, Sherman Oaks, and Mitchell S. Brachman, Westlake Village, for Defendant and Respondent.
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