Duarte

Duarte v. Mission Federal Credit Union

Good Law
United States District Court, Southern District of CaliforniaAugust 14, 20203:19-cv-01441California3,951 words

Opinion

Trial Court Opinion

I. BACKGROUND

21 Plaintiff brings a civil rights complaint against MFCU for alleged violations of the 22 Americans with Disabilities Act (“ADA”), Unruh Civil Rights Act (“Unruh”), and 23 Disabled Persons Act (“DPA”). (Doc. No. 11 at 5.) This action arises out of events starting 24 in 2018 from MFCU’s alleged repeated refusals to provide Plaintiff with the necessary 25 auxiliary aids and services she requires to communicate effectively due to her hearing 26 disability and visual impairment. (Doc. No. 1 ¶ 2.) 27 28 MFCU presently petitions this Court for an order compelling the arbitration of Plaintiff’s claims and for a stay of these proceedings. (See generally Doc. No. 8.) MFCU’s petition is brought under the Federal Arbitration Act (“FAA”) and is made on the grounds that Plaintiff’s claims are subject to a valid and enforceable arbitration provision, which requires Plaintiff to arbitrate her claims and waive her right to a jury trial. (Id.) Plaintiff is a 54-year-old person who has been deaf since 2004 and has a deteriorating vision condition. (Doc. No. 11 at 5.) Plaintiff speaks American Sign Language (“ASL”) and requires the use…

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