Wilson

I. INTRODUCTION

Ron Wilson, a disabled person, brought this lawsuit against Frances Murillo, doing business as Murillo’s Restaurant (Murillo), alleging he was refused service and subjected to ridicule and harassment at the restaurant in retaliation for his efforts to ensure that the restaurant was accessible for use by the disabled under the Americans with Disabilities Act of 1990 (ADA) ( 42 U.S.C. § 12101 et seq. ). In granting summary judgment for Murillo, the trial court found Wilson had failed to establish a prima facie case of unlawful retaliation because the retaliatory action allegedly taken by Murillo against Wilson was too trivial to be judicially cognizable. In a postjudgment order, the trial court awarded Murillo her attorney fees under Civil Code section 55. We reverse, concluding that the record presents material issues of disputed fact which could support a finding that Murillo’s conduct was unlawful under the governing standards of the ADA. Therefore, the summary judgment entered in her favor should have been denied.

II. FACTS AND PROCEDURAL HISTORY

In reviewing a grant of summary judgment, the law requires that the facts be reviewed in a light most…