California Court of Appeal

In plaintiff's suit against defendants for violations of California's Disabled Persons Act (DPA), alleging the countertops in defendant's business establishments were allegedly too high to allow wheelchair access, dismissal pursuant to defendant's demurrer is reversed where, because a Florida federal case was resolved by a consent decree expressly reserving any damage claims, res judicata does not bar this claim for damages.

Appellate Information

• Decided 11/09/2009
• Published 11/09/2009

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Morse Mehrban, Morse Mehrban, Brian Keith Andrews, Long Beach, and Dayton Magallenes, for Plaintiff and Appellant.


• For Appellees:
  
• Rutan & Tucker, Ernest W. Klatte, III and Chris M. HeikausWeaver Costa Mesa, for Defendant and Respondent.