Legal Opinion

Louie v. BFS Retail & Commercial Operations, LLC

California Court of Appeal

Decided November 9, 2009No. C059800PublishedCited by 18 opinions

1Opinion of the Court

Opinion

SIMS, Acting P. J.

Plaintiff George Louie seeks damages against defendant BPS Retail and Commercial Operations, LLC (BFRC), for alleged violation of California’s Disabled Persons Act (Civ. Code, § 54 et seq. 1 ; DPA), because the countertops in BFRC’s business establishments were allegedly too high to allow wheelchair users access. The trial court entered judgment of dismissal upon BFRC’s demurrer, concluding res judicata barred this lawsuit based on a consent decree in a class action lawsuit against BFRC in the United States District Court in Florida, which alleged BFRC’s facilities…

2Cases cited39 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  4. DaimlerChrysler Corp. v. CunoSupreme Court of the United States · 2006
  5. Blank v. KirwanCalifornia Supreme Court · 1985

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3Cited by18 opinions

  1. Villacres v. Abm Industries Inc.California Court of Appeal · 2010
  2. Association of Irritated Residents v. Department of ConservationCalifornia Court of Appeal · 2017
  3. Guerrero v. Cal. Dep't of Corr. & Rehab., California Court of Appeal, 5th District2018
  4. Pearl Rangel v. Pls Check Cashers of Calif.Court of Appeals for the Ninth Circuit · 2018
  5. Southern California Stroke Rehabilitation Associates, Inc. v. Nautilus, Inc.District Court, S.D. California · 2011

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