Aquino

Plaintiffs sued Asiana Airlines, Inc., and one of its managers after plaintiffs were not allowed to board their ticketed flight, claiming this refusal was due to their age and perceived physical limitations. The trial court granted defendants’ motion for summary judgment, concluding that the Warsaw Convention or the Airline Deregulation Act of 1978 preempted plaintiffs’ action. We hold that plaintiffs’ claims are not preempted, and that triable issues of material fact exist as to most, but not all, of plaintiffs’ causes of action.

I. Facts and Procedural History

Modesta Aquino and her husband, David Aquino, who is now deceased, (the Aquinos) had round-trip tickets on a November 29, 1999, Asiana Airlines, Inc., (Asiana) flight from San Francisco International Airport to the Philippines. The tickets provided that Asiana’s services were subject to “conditions of carriage and related regulations which are made part hereof (and are available on application at the offices of carrier) . . . .” Asiana’s “General Conditions of Carriage for International Passenger and Baggage” included the following provision: “[Asiana] may refuse to carry, cancel the reserved space of, or remove…