Barrilleaux

ORDER GRANTING IN PART AND DENYING IN PART COURT DEFENDANTS’ MOTION TO DISMISS

This matter came before the Court on June 23, 2014, on Court Defendants’ motion to dismiss. After considering the parties’ arguments and the papers submitted, the Court now GRANTS IN PART and DENIES IN PART Court Defendants’ motion for the reasons discussed below.

BACKGROUND

Before the incident in question, Plaintiff Jessica Barrilleaux (“Plaintiff’) alleges that she walked with difficulty and occasionally used crutches due to a fractured and weakened knee. Complaint (“Compl.”) ¶ 10. On April 16, 2013, Plaintiff, assisted by the use of crutches, went to the Mendocino County Superior Courthouse (the “Courthouse”) to address a traffic citation. Compl. ¶ 12. The Clerk of Court calendared Plaintiff for an appearance on April 23, 2013, at Department G. Id. Department G is located on the fourth floor of the Courthouse and there is no elevator access to that floor. Id. Upon information and belief, the Clerk was aware that Plaintiff was on crutches, and knew there was no elevator access to the fourth floor, but did not warn or advise Plaintiff of that fact, nor was Plaintiff notified by any other means.…