Legal Opinion
Maureen K. v. Tuschka
California Court of Appeal
Decided April 17, 2013No. B236150PublishedCited by 6 opinions
1Opinion of the Court
Opinion
YEGAN, J.
The Unruh Civil Rights Act (Civ. Code, § 51 et seq.) provides a comprehensive statutory scheme to protect all persons from unlawful discrimination. A medical doctor is not immune from the broad sweep of the act. The irony here is that appellant was in need of surgery to repair an umbilical hernia, and turned to the medical profession for help. She was turned away minutes before surgery because of a disability—she was HIV positive. The surgery was abruptly canceled in the hospital’s preoperative room by the anesthesiologist, respondent Dr. Theodore Tuschka, after he learned…
2Cases cited32 opinions
- Bragdon v. AbbottSupreme Court of the United States · 1998
- Soule v. General Motors Corp.California Supreme Court · 1994
- Albertson's, Inc. v. KirkingburgSupreme Court of the United States · 1999
- Norgart v. Upjohn Co.California Supreme Court · 1999
- Wilson v. 21st Century InsuranceCalifornia Supreme Court · 2007
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3Cited by6 opinions
- Orichian v. BMW of North America, LLCCalifornia Court of Appeal · 2014
- State Ready Mix, Inc. v. Moffatt & NicholCalifornia Court of Appeal · 2015
- Dicker v. Curry CA4/1California Court of Appeal · 2020
- Khoiny v. Dignity HealthCalifornia Court of Appeal · 2022
- Orichian v. BMW of North AmericaCalifornia Court of Appeal · 2014
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