Sandra Prager Balsamo v. Smart and Final Stores LLC
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiff commenced this action on July 29, 2020, in San Luis Obispo Superior Court. (See Notice of Removal (“NoR”), Ex. A, Complaint (Docket No. 1-1)). Plaintiff and Defendants are all citizens of California. (First Amended Complaint (“FAC”) ¶¶ 4, 5 (Docket No. 10)). ______________________________________________________________________________
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 20-8884-MWF (SKx) Date: November 25, 2020 Title: Sandra Prager Balsamo v. Smart and Final Stores LLC et al
The Complaint states two claims for relief under the Unruh Civil Rights Act (the “Unruh Act”), and the California Disabled Persons Act (the “DPA”). (See generally, NoR, Ex. A, Complaint at 1). The Complaint references the Americans with Disabilities Act (the “ADA”) but does not state a claim for injunctive relief under the ADA. (See, e.g., id. ¶¶ 16-17). Though the Notice of Removal omits the Complaint’s even-numbered pages (presumably inadvertently), Plaintiff appears to allege that Defendants discriminated against her, a person with a disability/medical issue, by refusing to allow her to shop in their store without wearing a…