(a)Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 54 and 54.1 or otherwise interferes with the rights of an individual with a disability under Sections 54, 54.1 and 54.2 is liable for each offense for the actual damages and any amount as may be determined by a jury, or the court sitting without a jury, up to a maximum of three times the amount of actual damages but in no case less than one thousand dollars ($1,000), and attorney’s fees as may be determined by the court in addition thereto, suffered by any person denied any of the rights provided in Sections 54, 54.1, and 54.2. “Interfere,” for purposes of this section, includes, but is not limited to, preventing or causing the
prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person.
(b)Any person who claims to be aggrieved by an alleged unlawful practice in violation of Section 54, 54.1, or 54.2 may also file a verified complaint with the Civil Rights Department pursuant to Section 12948 of the Government Code. The remedies in this section are nonexclusive and are in addition to any other remedy provided by law, including, but not limited to, any action for injunctive or other equitable relief available to the aggrieved party or brought in the name of the people of this state or of the United States.
(c)A person
may not be held liable for damages pursuant to both this section and Section 52 for the same act or failure to act.
Notes of Decisions
Wilkins-Jones v. Cnty. of Alameda, 859 F. Supp. 2d 1039 (N.D. Cal. 2012).
· cites it 3× “or otherwise interferes with the rights of an individual with a disability under Sections 54 [right to streets, highways, and other public places], 54.”
Kohler v. Islands Restaurants, LP, 280 F.R.D. 560 (S.D. Cal. 2012).
· cites it 2× ““For each offense of the Disabled Persons Act, Kohler seeks actual damages (both general and special damages), statutory minimum damages of one thousand dollars ($1,000), declaratory relief, and any other remedy available under California Civil Code § 54.3.” (Compl. 8-9)…”
Kohler v. Staples the Off. Superstore, LLC, 291 F.R.D. 464 (S.D. Cal. 2013).
· cites it 2× ““For each offense of the Disabled Persons Act, Kohler seeks actual damages (both general and special damages, statutory minimum damages of one thousand dollars ($1,000), declaratory relief, and any other remedy available under California Civil Code § 54.3.” (Compl. 30) (emphasis…”
Blackwell v. Foley, 724 F. Supp. 2d 1068 (N.D. Cal. 2010).
· cites it 2× “Plaintiff Is the prevailing party as a matter of law under both the ADA and California law: (A) Obtaining an enforceable agreement establishes Plaintiff as the prevailing party; (B) Obtaining a Settlement Agreement to pay damages requires attorney fees payment per California…”
Lonberg v. City of Riverside, 300 F. Supp. 2d 942 (C.D. Cal. 2004).
“One motion is for partial summary judgment on the issue whether Plaintiff is entitled as a matter of law to multiple statutory damages under California Civil Code, Section 54.3 (“Section 54.”
Hankins v. El Torito Restaurants, Inc., 98 Cal. Daily Op. Serv. 3056 (Cal. Ct. App. 1998).
· cites it 2× “) 7 Civil Code section 54.3 contains an example of what constitutes “interfer[ance]” under the statute: “preventing or causing the prevention of a guide dog, signal dog, or service dog from carrying out its functions in assisting a disabled person.”
Arnold v. United Artists Theatre Circuit, Inc., 866 F. Supp. 433 (N.D. Cal. 1994).
· cites it 2× “1 and by California Civil Code § 54.3 (“§ 54.3”), the code section authorizing a damage remedy for violations of the rights conferred under § 54.”
Kittok v. Leslie's Poolmart, Inc., 687 F. Supp. 2d 953 (C.D. Cal. 2009).
· cites it 4× “Plaintiff now brings the instant motion for attorneys’ fees, as authorized by Cal. Civil Code § 54.3 . The Court held a hearing on the motion on August 10, 2009.”
Munson v. Del Taco, Inc., 522 F.3d 997 (9th Cir. 2008).
“The court held that the existence of a violation is not identical to the existence of a particular remedy and that the section 52 remedy “is reserved for intentional violations.”
— Cal. Civil Code § 54.3(a) — 10 cases
Kohler v. Islands Restaurants, LP, 280 F.R.D. 560 (S.D. Cal. 2012).
““For each offense of the Disabled Persons Act, Kohler seeks actual damages (both general and special damages), statutory minimum damages of one thousand dollars ($1,000), declaratory relief, and any other remedy available under California Civil Code § 54.3.” (Compl. 8-9)…”
Kohler v. Staples the Off. Superstore, LLC, 291 F.R.D. 464 (S.D. Cal. 2013).
““For each offense of the Disabled Persons Act, Kohler seeks actual damages (both general and special damages, statutory minimum damages of one thousand dollars ($1,000), declaratory relief, and any other remedy available under California Civil Code § 54.3.” (Compl. 30) (emphasis…”
— Cal. Civil Code § 54.3(b) — 1 case
— Cal. Civil Code § 54.3(c) — 6 cases
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