Alexander

Alexander v. Kujok

Good Law
158 F. Supp. 3d 1012·2016 WL 258346·2016 U.S. Dist. LEXIS 7326
United States District Court, Eastern District of CaliforniaJanuary 21, 2016No. 2:15-cv-00477-MCE-CKDCalifornia4,685 words

Opinion

Lead Opinion

England, J.

MEMORANDUM AND ORDER

Through this lawsuit, Plaintiffs Kelly Alexander and Donald Porter (“Plaintiffs” unless otherwise noted) seek damages and injunctive relief under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 , et seq. (“ADA”). The jurisdiction of this court is premised on federal question jurisdiction in accordance with 28 U.S.C. § 1331 . In addition to their federal claims under the ADA, Plaintiffs also assert pendant state law claims under 1) California’s Unruh Civil Rights Act, California Civil Code § 51, et seq.; 2) California’s Disabled Persons Act, California Civil Code § 54, et seq.; 3) California’s Bane Act, California Civil Code § 52.1; and 4) common law negligence claims. Finally, Plaintiffs also assert a cause of action for violation of the Rehabilitation Act, 29 U.S.C. § 794 . Presently before the Court are motions to dismiss brought by all six doctors/medical entities being sued as Defendants: 1) Hus-sam Kujok M.D. and his medical practice, Hussam Kujok, M.D., Inc. (collectively “Dr. Kujok”); 2) Mark Debruin and his medical practice, Debruin Medical Center A.P.C. (“Dr. Debruin”); 3) Gilbert Martinez and his practice, Family Medicine and…

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