DPA claim (California) · Go Syfert
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DPA claim in California

5 California opinions name it 2 courts 1988–2017 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Munson v. Del Taco, Inc.green
cal · 2009 · cited in 2 California opinions naming this issue, 2017–2017
2 sentences

2017Defendants were entitled to judgment as a matter of law on the DPA claim A. THE DPA AND SERVICE DOGS The DPA substantially overlaps with and complements the Unruh Act. ( Munson , supra , 46 Cal.4th at p. 675 , 94 Cal.Rptr.3d 685 , 208 P.3d 623 .) More narrow in focus than the Unruh Act, it generally guarantees people with disabilities equal rights of access "to public places, buildings, facilities and services, as well as common carriers, housing and places of public accommodation." ( Id. at p. 674, fn. 8, 94 Cal.Rptr.3d 685 , 208 P.3d 623 ; see §§ 54, subd. (a), 54.1, subd. (a)(1).) As with t

2017Defendants were entitled to judgment as a matter of law on the DPA claim A. THE DPA AND SERVICE DOGS The DPA substantially overlaps with and complements the Unruh Act. ( Munson , supra , 46 Cal.4th at p. 675 , 94 Cal.Rptr.3d 685 , 208 P.3d 623 .) More narrow in focus than the Unruh Act, it generally guarantees people with disabilities equal rights of access "to public places, buildings, facilities and services, as well as common carriers, housing and places of public accommodation." ( Id. at p. 674, fn. 8, 94 Cal.Rptr.3d 685 , 208 P.3d 623 ; see §§ 54, subd. (a), 54.1, subd. (a)(1).) As with t

12
Strumsky v. San Diego County Employees Retirement Assn.green
cal · 1974 · cited in 1 California opinions naming this issue, 1988–1988
2 sentences

1988(See Strumsky, supra, at p. 34, fn. 2 .) Because the DPA hearing regarding plaintiffs’ backpay claim was quasi-adjudicative, the trial court erred in reviewing DPA’s denial of that claim under the arbitrary or capricious standard.

1988(See Strumsky, supra, at p. 34, fn. 2 .) Because the DPA hearing regarding plaintiffs’ backpay claim was quasi-adjudicative, the trial court erred in reviewing DPA’s denial of that claim under the arbitrary or capricious standard.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Doug Wander v. Jack S. Kaus Irene B. Kaus green
ca9 · 2002
2 sentences

2009Damages are not available to a private plaintiff suing under the ADA; the remedy is limited to injunctive relief. ( 42 U.S.C. § 12188 (a)(1) [remedies available to private plaintiff, under ADA subchapter regarding public accommodations and services operated by private entities, are remedies set forth in 42 U.S.C. § 2000a-3(a), civil rights statute authorizing civil action for injunctive relief]; Wander, supra, 304 F.3d at p. 858 ; Org. for Advancement of Minorities v. Brick Oven Restaurant (S.D.Cal. 2005) 406 F.Supp.2d 1120, 1129 .) The ADA states it does not limit remedies available under sta

2009Damages are not available to a private plaintiff suing under the ADA; the remedy is limited to injunctive relief. ( 42 U.S.C. § 12188 (a)(1) [remedies available to private plaintiff, under ADA subchapter regarding public accommodations and services operated by private entities, are remedies set forth in 42 U.S.C. § 2000a-3(a), civil rights statute authorizing civil action for injunctive relief]; Wander, supra, 304 F.3d at p. 858 ; Org. for Advancement of Minorities v. Brick Oven Restaurant (S.D.Cal. 2005) 406 F.Supp.2d 1120, 1129 .) The ADA states it does not limit remedies available under sta

12009–2009
Organization for the Advancement of Minorities With Disabilities Suing on Behalf of Its Members v. Brick Oven Restaurant green
casd · 2005
2 sentences

2009Damages are not available to a private plaintiff suing under the ADA; the remedy is limited to injunctive relief. ( 42 U.S.C. § 12188 (a)(1) [remedies available to private plaintiff, under ADA subchapter regarding public accommodations and services operated by private entities, are remedies set forth in 42 U.S.C. § 2000a-3(a), civil rights statute authorizing civil action for injunctive relief]; Wander, supra, 304 F.3d at p. 858 ; Org. for Advancement of Minorities v. Brick Oven Restaurant (S.D.Cal. 2005) 406 F.Supp.2d 1120, 1129 .) The ADA states it does not limit remedies available under sta

2009Damages are not available to a private plaintiff suing under the ADA; the remedy is limited to injunctive relief. ( 42 U.S.C. § 12188 (a)(1) [remedies available to private plaintiff, under ADA subchapter regarding public accommodations and services operated by private entities, are remedies set forth in 42 U.S.C. § 2000a-3(a), civil rights statute authorizing civil action for injunctive relief]; Wander, supra, 304 F.3d at p. 858 ; Org. for Advancement of Minorities v. Brick Oven Restaurant (S.D.Cal. 2005) 406 F.Supp.2d 1120, 1129 .) The ADA states it does not limit remedies available under sta

12009–2009
Robinson v. Fair Employment & Housing Commission green
cal · 1992
1 sentence

1993One of the principal policy concerns of the exhaustion doctrine is *1832 judicial efficiency (Farmers, supra, 2 Cal.4th at p. 391 ), which cannot be served if the issue of statutory jurisdiction must be fully plumbed in order to determine whether it should be left to the agency in the first instance.

11993–1993

Statutes the citing opinions construe

USC § 42u.s.c.12101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 5 (1988–2017) HI 4 (1997–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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