Marie Pittman v. Avish Partnership

MEMORANDUM

Marie Pittman, as guardian ad litem for Plaintiff L.P., a minor child and her daughter, appeals the dismissal of this action for failure to post a security bond. The complaint alleges that Defendants violated the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 , et seq., and the Unruh Civil Rights Act, Cal. Civ.Code § 51, and that L.P. suffered intentional infliction of emotional distress when Defendants refused to rent a motel room to L.P. because she was accompanied by a service dog. Reviewing for abuse of discretion, we affirm. See Simulnet E. Assocs. v. Ramada Hotel Operating Co., 37 F.3d 573 , 574 (9th Cir.1994); see also United States v. Hinkson, 585 F.3d 1247, 1263 (9th Cir.2009).

1. Defendants argue that the district court’s order requiring a security bond is non-appealable. We disagree. The notice of appeal in this case specifically states that Plaintiff is appealing the order dismissing the case for failure to post a bond. “[A]n appeal from the final judgment draws in question all earlier non-final orders and all rulings which produced the judgment.” Munoz v. Small Bus. Admin., 644 F.2d 1361 , 1364 (9th Cir.1981). Because Plaintiff properly appealed…