LOUIE v. BFS RETAIL & COMMERCIAL OPERATIONS, LLC

No. C059800.

178 Cal.App.4th 1544 (2009)

GEORGE LOUIE, Plaintiff and Appellant, v. BFS RETAIL AND COMMERCIAL OPERATIONS, LLC, Defendant and Respondent.

Court of Appeals of California, Third District.

November 9, 2009.


Attorney(s) appearing for the Case

Law Offices of Morse Mehrban, Morse Mehrban, Brian Keith Andrews and Dayton Magallenes for Plaintiff and Appellant.

Rutan & Tucker, Ernest W. Klatte III and Chris M. Heikaus Weaver for Defendant and Respondent.


OPINION

SIMS, Acting P. J.

Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC), for alleged violation of California's Disabled Persons Act (Civ. Code, § 54 et seq.1; DPA), because the countertops in BFRC's business establishments were allegedly too high to allow wheelchair access. The trial court entered judgment of dismissal upon

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