Martinez

THE COURT. * - *16 FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff and appellant Christopher Martinez (Martinez) appeals from a judgment of dismissal which was entered after the trial court sustained, without leave to amend, a demurrer filed by defendant and respondent California Pizza Kitchen, Inc. (CPK). In light of the procedural posture of the case, we assume the truth of the facts properly plead by Martinez, but not contentions, deductions, or conclusions of fact or law. ( Evans v. City of Berk e ley (2006) 38 Cal.4th 1 , 5, 40 Cal.Rptr.3d 205 , 129 P.3d 394 .) We likewise accept as true all facts that may be implied or inferred from the complaint's express allegations. ( *17 Satten v. Webb (2002) 99 Cal.App.4th 365 , 375, 121 Cal.Rptr.2d 234 .) We also consider and take judicial notice of "any matter of which the court of original jurisdiction *412 may properly take notice." ( Varcoe v. Lee (1919) 180 Cal. 338 , 342, 181 P. 223 .)

As relevant to our review, Martinez contends that he suffers from "partial hearing loss" and has difficulty "differentiating desirable sounds without an assistive listening device." In September 2017, Martinez patronized the restaurant and bar…