Facts

Plaintiff Jorge Andersen sued defendant Hieu Tran, SF Supermarket Inc., El Monte Superstore Inc., Westminster Superstore LLC, and Capital City Patrol Inc., claiming he was discriminated against due to his disability and use of a service dog, at two different supermarkets located in Westminster and El Monte.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that in 2011 and 2013, he had attempted to shop at defendants' markets. Upon entering the store, he was met by the market's managers or security guards and told that he could not enter the store with his dog. Plaintiff tried to explain that the dog was a service animal, but the managers or security guards still refused to let him in with his dog. Plaintiff claimed he was told that he was legally required to have paperwork to prove that the dog was a service animal. Plaintiff tried to explain that there was no requirement to provide paperwork or to direct them to the service tag on his dog that indicates it is a "California Assistance Dog".

Plaintiff claimed he was discriminated against and denied services at defendants' business establishments due to his disability and use of a service animal. Plaintiff claimed discrimination in violation of the Unruh Civil Rights Act.

DEFENDANT'S CONTENTIONS:
Defendants claimed that plaintiff was not discriminated against due to his disability or use of a service dog. Defendants alleged that no violence or threats of violence were used against plaintiff and that plaintiff was not injured.

Settlement Discussions

According to plaintiff, demand was for $350,000. Defendants offered $50,000. According to defendant Capital City, plaintiff's first demand to defendant in the entire action was made after the first day of trial in the amount of $250,000. During jury deliberations plaintiff proposed a high/low settlement of $350,000/$300,000, and defendant offered $30,000.

Result

Plaintiff's verdict for $481,500 total against defendants for discrimination in violation of Unruh Civil Rights Act. Plaintiff was awarded $6,500 in total future economic damages, $75,000 in past non-economic, and $50,000 in future non-economic damages, in which Hieu Tran, El Monte Superstore, and Westminster Superstore were responsible for 30 percent and Capital City was responsible for 10 percent. Plaintiff was also awarded, as a penalty against defendants, $100,000 from Hieu Tran, El Monte Superstore, and Westminster Superstore, and $50,000 from Capital City. Defendant Capital City was responsible for a total of for $52,600, under the Unruh Civil Rights Act. However, Capital City obtained a defense verdict on plaintiff's claims under the Bane Act, Ralph Act and plaintiff's request for punitive damages because no acts of violence or threats of violence were made against plaintiff.

Other Information

Entry of a permanent injunction requiring that they allow service dogs at their supermarkets is currently pending. Plaintiff has filed a motion for attorney fees. FILING DATE: Sept. 12, 2013.

Deliberation

two days

Length

10 days