CLINTON & CLINTON SUCCESSFUL IN DEFEATING UNRUH ACT, CA DISABLED PERSON'S ACT AND NEGLIGENCE CASE AT MSJ/A
DATE: 6/7/2017
Holly Gagas and Edgar Cruz, on behalf of a national restaurant corporate client, defeated a plaintiff's Unruh Act, California Disabled Person's Act and negligence complaint through a Motion for Summary Judgment or, in the alternative, Motion for Summary Adjudication ("MSJ/A") on October 25, 2016. The Complaint filed in 2014 alleged the restaurant's original design/construction violated applicable state law regarding accessibility. After two (2) years of investigation, the MSJ/A successfully argued that plaintiff was unable to show any access barrier or dangerous condition caused by the restaurant's design/construction causing her accident. The MSJ/A was granted after oral argument, reversing the Court's tentative ruling denying the MSJ/A.