Ruiz

I. INTRODUCTION

Plaintiff Oscar Ruiz is a disabled person who uses a guide dog. He alleged that defendants Edward Lopez and Musclewood Investment Properties, LLC (Musclewood) 1 violated his rights under the Disabled Persons Act ( Civ. Code, § 54 et seq. ) (DPA), 2 by allowing their guard dog to interfere with and attack his guide dog. Plaintiff contends the trial court erred by sustaining a demurrer to his cause of action under the DPA without leave to amend. We agree and reverse. We also reverse the order granting the motion to strike.

II. BACKGROUND

A. Procedural History Prior to First Amended Complaint

On October 14, 2015, plaintiff filed a complaint against defendants for violation of the DPA, the Bane Act, and common law and per se negligence. 3 Defendants demurred, and the trial court sustained the demurrer as to the first and second causes of action with leave to amend.

*838 B. First Amended Complaint

On June 3, 2016, plaintiff filed his first amended complaint, asserting causes of action for violation of the DPA and common law and per se negligence only. According to the factual allegations in the first amended complaint, which we accept as true ( Evans v. City of…