Louie

Plaintiff George Louie seeks damages against defendant BPS Retail and Commercial Operations, LLC (BFRC), for alleged violation of California’s Disabled Persons Act (Civ. Code, § 54 et seq. ; DPA), because the countertops in BFRC’s business establishments were allegedly too high to allow wheelchair users access. The trial court entered judgment of dismissal upon BFRC’s demurrer, concluding res judicata barred this lawsuit based on a consent decree in a class action lawsuit against BFRC in the United States District Court in Florida, which alleged BFRC’s facilities denied equal access to disabled persons in violation of the federal Amercians with Disabilities Act of 1990 (ADA) ( 42 U.S.C. § 12101 et seq.). We shall conclude that, because the Florida federal case was resolved by a consent decree expressly reserving any damage claims, res judicata does not bar this claim for damages. We shall therefore reverse the judgment of dismissal.

BACKGROUND

The pleading at issue in this appeal is plaintiff’s “FIRST AMENDED COMPLAINT FOR DAMAGES,” filed May 12, 2008, which asserted one cause of action for violation of sections 54 and 54.1 (fn. 1, ante). According to the allegations…