Supreme Court of California

In an answer to a request of the U.S. Ninth Circuit Court of Appeals to decide questions of California law, the California Supreme Court holds that a plaintiff who seeks damages under California Civil Code sec. 52 claiming the denial of full and equal treatment on the basis of disability in violation of the Unruh Civil Rights Act and the Americans with Disabilities Act does not have to prove intentional discrimination in order to obtain damages, based on both the statutory language and the legislative history.

Appellate Information

• Decided 06/11/2009
• Published 06/11/2009

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Call, Jensen & Ferrell, Scott J. Ferrell, Lisa A. Wegner and Melinda Evans, Newport Beach, for Defendant and Appellant., Baraban & Teske, Jeffrey H. Baraban, Christopher S. Teske and James S. Link, Pasadena, for Los Burritos, Inc., as Amicus Curiae on behalf of Defendant and Appellant., Law Office of Anthony T. Caso and Anthony T. Caso, Sacramento, for National Federation of Independent Business Small Business Legal Center as Amicus Curiae on behalf of Defendant and Appellant., Center for Disability Access, Mark D. Potter, Russell C. HandySan Marcos;  Law Offices of Lynn Hubbard and Scottlynn J Hubbard IV, Chico, for Plaintiff and Respondent., Brad Seligman, Berkeley, Jason Tarricone;  and Anne Menasche, for California Council of the Blind, California Foundation for Independent Living Center, Californians for Disability Rights, Disability Rights Advocates, Disablity Rights California, Disability Rights Education & Defense Fund, Disabilty Rights Legal Center, Impact Fund and Legal Aid Society-Employment Law Center as Amici Curiae on behalf of Plaintiff and Respondent., Lambda Legal Defense and Education Fund, Inc., Tara L. Borelli, Los Angeles, and Scott A. Schoettes, for Aids Legal Referral Panel, Asian and Pacific Islander Wellness Center, Bienestar, Black Coalition on Aids, Common Ground-Westside HIV Community Center, Face to Face Sonoma County Aids Network, HIV/Aids Legal Services Alliance, L.A. Gay & Lesbian Center, Resources for Indian Student Education, Inc., San Francisco Aids Foundation, San Joaquin Aids Foundation and Sierra Health Resources, Inc., as Amici Curiae on behalf of Plaintiff and Respondent.