Facts

On Aug. 9, 2008, plaintiff Clarice Ventura went to defendant Happy Nails of San Clemente to receive a manicure and pedicure with a $50 gift certificate she was given. Ventura, who suffers from muscular dystrophy and uses a wheelchair, asked the salon to provide the services in her wheelchair instead of having to transfer to a spa chair. Ventura filed suit against Happy Nails and its owners, Edward and Lynn Ho.

PLAINTIFF'S CONTENTIONS:
Ventura alleged that the manager refused to accommodate her, telling her it was store policy not to provide pedicures if a customer couldn't be transferred into a spa chair.

DEFENDANTS' CONTENTIONS:
The Hos contended that the manager offered Ventura a dry pedicure, or to assist her into a spa chair. They further claimed that Ventura demanded to have a pedicure in a bucket, insisting that the manager go to the store and buy one and that, when the manager said she couldn't, Ventura stated she would sue.

Injuries

Ventura claimed she suffered emotional distress.

Result

The court awarded Ventura $4,000, plus attorney's fees and costs of $26,156, for a total judgment of $32,961.

Other Information

FILING DATE: Oct. 27, 2008.