Norma Davis v. Dipak Patel

MEMORANDUM

Norma Davis, an African American who is allegedly disabled and uses a service dog, sued the owners and operators of a Super 8 Motel for not allowing her to stay in a room with her dog. Her complaint sets forth four causes of action: racial discrimination in violation of the Civil Rights Act of 1964, disability discrimination in violation of the Americans with Disabilities Act of 1990(ADA), racial and disability discrimination in violation of California’s Unruh Civil Rights Act, and intentional infliction of emotional distress (IIED). Defendants moved for summary judgment on all claims without discovery. The district court granted the motion. Davis then moved for relief from summary judgment — in effect, a motion for reconsideration. The district court denied her motion. Davis timely appealed. We affirm on the race-discrimination claims but reverse and remand on the disability claims and the IIED claim.

On the disability claims, the district court held that Davis had failed to show that she was truly disabled, that her disability required the use of a service dog, or that her dog was properly licensed. But the defendants did not move for summary judgment on those…