California Supreme Declines to Impose AED Duty

On June 23, 2014, the California Supreme Court issued its decision in Verdugo v. Target Corp., 704 F.3d 1044 (2012) and answered the Ninth Circuit’s certified question: “In what circumstances, if ever, does the common law duty of a commercial property owner to provide emergency first aid to invitees require the availability of an Automatic External Defibrillator (‘AED’) for cases of sudden cardiac arrest?” The Court concluded that past California decisions do not support a common law duty where businesses are obligated to acquire and maintain AEDs on their premises and therefore...

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CA Supreme Court to Review DPA Case

The California Supreme Court granted a request from the Ninth Circuit to decide the following question of California law: “The California Disabled Person Act, Cal. Civ. Code Sections 54 et seq. (‘DPA’) provides that ‘[i]ndividuals with disabilities shall be entitled to full and equal access, as other members of the general public, to accommodations, advantages, facilities…and privileges of…places of public accommodation…and other places to which the general public is invited.’ Id. Section 54.1(a)(1). Does the DPA’s reference to ‘places of public accommodation’ include web sites, which are...

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The Bucket Becomes Dee Dee’s Dive

I previously wrote about The Bucket in Eagle Rock’s ADA woes here. To recap: The Bucket, a hamburger restaurant in Eagle Rock that was open in 1935, had to close its doors in September because it was sued for alleged violations of the Americans with Disabilities Act (ADA). Now it has a new owner and a new name. Dee Dee Baca, who once owned the restaurant with her brother Ivan, has rebranded it as Dee Dee’s Dive. However, this may not be the end of The Bucket as George Eckley, the most recent owner before Baca and the defendant in the ADA lawsuit, is holding on to the name. Perhaps we will...

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Michael Chung’s Speech to the Wilshire Bar Association

On November 12, 2013, I spoke to members of the Wilshire Bar Association, about new legal updates affecting commercial property owners in California.  A lively discussion took place regarding new potential requirements for commercial landlords to maintain defibrillators on their premises and a new law that requires commercial landlords to make disclosures regarding whether their properties were inspected for disability access violations.  Thanks to David Bloom, Ed Idell, and Phil Putnam and the Board of the Wilshire Bar Association for inviting me and for everyone who...

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Website Accessibility Competition Kicks Off

On October 23, 2013, the annual Accessibility Internet Rally (AIR) web competition kicked off in Austin, Texas for the 16th time. Began in 1998 by Knowbility (http://www.knowbility.org), a nonprofit organization whose mission is to promote and improve the use and availability of accessible information technology, the AIR competition involves teams of professional web developers from around the world who work with nonprofit organizations for a month (from October 23rd to November 23rd) to create accessible websites for persons with disabilities while receiving training from nationally...

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Restaurant Kicks The Bucket

The Bucket, a restaurant serving hamburgers to Eagle Rock residents since 1935, was forced to close its doors last month in order to vacate the premises by October 1, 2013. John Ho, a Rosemead plaintiff who has filed hundreds of lawsuits for alleged violations of the Americans with Disabilities Act (ADA), sued The Bucket in 2012 for failing to have an accessible parking spot in the parking lot. Like most cases filed under the ADA and related California state disability access laws, the landlord, Anthony Santillo, ended up settling with Ho for $20,000. A link to the dispute as covered by the...

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