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Louie v. BFS Retail & Commercial Operations, LLC, No. C059800

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By FindLaw Staff on November 10, 2009 10:57 AM

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. 

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Filed November 9, 2009

Judges

Opinion by Judge Sims

Counsel

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

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