MUNSON v. DEL TACO, INC.

No. S162818.

46 Cal.4th 661 (2009)

KENNETH MUNSON, Plaintiff and Respondent, v. DEL TACO, INC., Defendant and Appellant.

Supreme Court of California.

June 11, 2009.


Attorney(s) appearing for the Case

Call, Jensen & Ferrell, Scott J. Ferrell, Lisa A. Wegner and Melinda Evans for Defendant and Appellant.

Baraban & Teske, Jeffrey H. Baraban, Christopher S. Teske and James S. Link for Los Burritos, Inc., as Amicus Curiae on behalf of Defendant and Appellant.

Law Office of Anthony T. Caso and Anthony T. Caso for National Federation of Independent Business Small Business Legal Center as Amicus Curiae on behalf of Defendant and Appellant.

Center for Disability Access, Mark D. Potter, Russell C. Handy; Law Offices of Lynn Hubbard and Scottlynn J. Hubbard IV for Plaintiff and Respondent.

Brad Seligman, Jason Tarricone; and Ann Menasche for California Council of the Blind, California Foundation for Independent Living Center, Californians for Disability Rights, Disability Rights Advocates, Disability Rights California, Disability Rights Education & Defense Fund, Disability Rights Legal Center, Impact Fund and Legal Aid Society—Employment Law Center as Amici Curiae on behalf of Plaintiff and Respondent.

Lambda Legal Defense and Education Fund, Inc., Tara L. Borelli and Scott A. Schoettes for Aids Legal Referral Panel, Asian and Pacific Islander Wellness Center, Bienestar, Black Coalition on Aids, Common Ground-Westside HIV Community Center, Face to Face Sonoma County Aids Network, HIV/Aids Legal Services Alliance, L.A. Gay & Lesbian Center, Resources for Indian Student Education, Inc., San Francisco Aids Foundation, San Joaquin Aids Foundation and Sierra Health Resources, Inc., as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

WERDEGAR, J.

Pursuant to rule 8.548 of the California Rules of Court,1 we granted the request of the United States Court of Appeals, Ninth Circuit to decide the following questions of California law, as we have rephrased them (see Cal. Rules of Court, rule 8.548(f)(5)): "(1) `Must a plaintiff who seeks damages under California Civil Code section 52, claiming the denial of full and equal treatment...

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