Hubbard

Hubbard v. Twin Oaks Health & Rehabilitation Center

Good Law
408 F. Supp. 2d 923·2004 WL 3643855·2004 U.S. Dist. LEXIS 29086
United States District Court, Eastern District of CaliforniaNovember 12, 2004CIV.S 03 725 LKK/KJMCalifornia4,913 words

Opinion

Opinion

Karlton, J.

ORDER

Plaintiff, Dale M. Hubbard (“Hubbard”) brings this action against defendants Twin Oaks Health and Rehabilitation Center (“Twin Oaks”), Careage Heath Care of California, Inc. (“Careage”), and Sun-bridge Corp. (collectively “defendants”) alleging that they discriminated against her on the basis of her disability. She seeks to recover, inter alia, pursuant to the Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§51 et seq., and section 504 of the Rehabilitation Act (“Rehab Act”), 29 U.S.C. §§ 790 et seq. This matter is before the court on plaintiffs motion for partial summary judgment.

I.

FACTS

The Twin Oaks Nursing Facility (“Twin Oaks”) is a skilled nursing facility that was constructed in 1987. Statement of Undisputed Facts (“SUF”) ¶ 1. Plaintiff is a paraplegic who uses a wheelchair to travel in public. SUF ¶ 2. Her mother was a resident at Twin Oaks from late December of 2002 to early February of 2003, SUF ¶ 8, during which time plaintiff visited Twin Oaks at least 15 times. SUF ¶¶ 14, 16. Plaintiff alleges, and defendants dispute, that she encountered architectural barriers at Twin Oaks that denied her full and equal access to the nursing home. One of her…

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