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Civil Rights
ADA
Unruh Civil Rights Act

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

Virginia A. Phillips

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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