In plaintiff's suit against defendants for violations of California's Disabled Persons Act (DPA), alleging the countertops in defendant's business establishments were allegedly too high to allow wheelchair access, dismissal pursuant to defendant's demurrer is reversed where, because a Florida federal case was resolved by a consent decree expressly reserving any damage claims, res judicata does not bar this claim for damages.
Filed November 9, 2009
Opinion by Judge Sims
For Appellant: Law Offices of Morse Mehrban, Morse Mehrban and Brian Keith Andrews
For Appellee: Rutan & Tucker, Ernest W. Klatte, III and Chris M. Heikaus Weaver