Dwain Lammey v. Sunworld Dynasty US Holdings LLC, and Does 1-10
Published: Jun. 4, 2021 | Result Date: May 7, 2021 | Filing Date: Feb. 12, 2021 |Case number: 2:21-cv-01302-VAP-SK Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Raymond G. Ballister Jr.
(Center for Disability Access)
Russell C. Handy
(Center for Disability Access)
Zachary M. Best
(Center for Disability Access)
Amanda L. Seabock
(Center for Disability Access)
Defendant
Philip H. Stillman
(Stillman & Associates)
Facts
Plaintiff Dwain Lammey filed a lawsuit against Defendant Sunworld Dynasty US Holding LLC for violations of the Americans with Disabilities Act of 1990 and the Unruh Civil Rights Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant's identification and description of its accessible features denied him the opportunity to assess whether Defendant's hotel met his accessibility needs. Plaintiff further contended that he was unable to make reservations for accessible guest rooms in the same manner as guests without disabilities, which violated the Americans with Disabilities Act of 1990 and the Unruh Civil Rights Act.
DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions, and instead moved for dismissal on the grounds that Plaintiff's allegations lacked merit. Defendant further contended Plaintiff had not been harmed in any way by any act or omission of Defendant.
Result
The court ruled in favor of Defendant and dismissed the case with prejudice.
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