California Court of Appeal

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Osborne v. Yasmeh, 262043

In a suit brought under the Unruh Civil Rights Act, Civil Code section 51, by a paraplegic plaintiff who employs the use of a service dog, alleging they visited a hotel owned and managed by defendants but management refused to rent them a room unless they first paid a non-refundable cleaning fee relating to the dog, but plaintiffs left the hotel without paying the fee or checking in as guests, the trial court's sustainment of defendants' demurrers without leave to amend is reversed where: 1) when a disabled person such as plaintiff alleges that he presented himself to a business establishment and was required to pay a fee relating to his disability before accessing the products or services offered, he has stated facts sufficient to establish that he is a person aggrieved as defined in section 52(c), and he has therefore alleged facts sufficient to demonstrate standing to sue under the Unruh Act; and 2) a plaintiff is not required to pay a discriminatory fee to establish standing to sue under the Unruh Act, as long as the plaintiff alleges facts showing that he or she has directly experienced a denial of rights as defined in sections 51 and 52.

Appellate Information

  • Decided
  • Published 2016/07/29

Judges

  • COLLINS

Court

  • California Court of Appeal

Counsel