Reycraft

Reycraft v. Lee

Good Law
177 Cal. App. 4th 1211·2009 Cal. App. LEXIS 1565·99 Cal. Rptr. 3d 746
Court of Appeal of CaliforniaSeptember 22, 2009E046248California6,603 words

Opinion

Opinion

Ramirez, J.

Plaintiff and appellant Patricia Reycraft appeals from the trial court’s ruling she does not have standing to maintain a cause of action for damages against defendants for monetary damages under Civil Code section 54.3.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff has elected to proceed only on a single cause of action against defendants for money damages under section 54.3 based on an alleged violation of sections 54 and 54.1, also known as the California Disabled Persons Act (DPA). Section 54, subdivision (a), states in pertinent part as follows: “Individuals with disabilities or medical conditions have the same right as the general public to the full and free use of the streets, highways, sidewalks, walkways, public buildings, medical facilities . . . public facilities, and other public places.” Subdivision (c) of section 54 states that: “A violation of the right of an individual under the Americans with Disabilities Act of 1990 . . . also constitutes a violation of this section.” Subdivision (a)(1) of section 54.1 also states in pertinent part that: “Individuals with disabilities shall be entitled to full and equal access, as other members of the general public, to…

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