Durham v. Live Nation Worldwide CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

Because it is the operative pleadings that define the issues presented in a summary judgment proceeding, we first summarize the allegations of the third amended complaint. Browning, Durham and Fair asserted five causes of action in that document: violation of the Unruh Civil Rights Act (Civ. Code, §§ 51, 52) on the basis of disability, violation of the Unruh Civil Rights Act (ibid.) on the basis of race, negligence, intentional infliction of emotional distress, and negligent hiring, training, supervision and discipline. Browning, Durham, Fair and several of their friends purchased tickets to see Stevie Wonder perform at the Shoreline Amphitheater on July 5, 2008, in Mountain View, California. The group arrived early in order to secure disabled parking because Browning has a heart condition, with a defibrillator pacemaker, Fair has arthritis in her hip and Durham has degenerative disc disease and prior serious back injuries. On the day of the concert, they drove to the venue in two cars. Browning, Durham and Fair were passengers in the same vehicle. Upon arriving, they paid the $20 parking fee at the entrance to the parking lots, and then…