Montano
Montano v. Bonnie Brae Convalescent Hospital, Inc.
Opinion
Lead Opinion
Olguin, J.
FINDINGS OF FACT and CONCLUSIONS OF LAW
INTRODUCTION
On May 29, 2012, Hector Montano (“plaintiff’) filed the operative First Amended Complaint (“FAC”) against Bonnie Brae Convalescent Hospital, Inc. (“defendant” or “Bonnie Brae”), and Does 1-10, inclusive. Plaintiff alleges violations of the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601 et seq.; the California Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code §§ 12900 et seq.; the Unruh Civil Rights Act, Cal. Civ.Code §§ 51 et seq.; the California Disabled Persons Act (“CDPA”), Cal. Civ.Code §§ 54 et seq.; the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. §§ 701 et seq.; and California Unfair Business Practices Act (“Section 17200”), Cal. Bus. & Prof.Code §§ 17200 et seq. (See FAC at ¶¶ 17-54). Plaintiff also asserts claims of intentional infliction of emotional distress, reckless neglect, tort per se, and negligence. (See id. at ¶¶ 55-75). Plaintiff, who has quadriplegia and relies on a wheelchair for mobility, alleges that defendant, the operator of a skilled nursing home facility, discriminated against him because pf his disability by, among other things, failing to accommodate his disability in various…