Defendants XLD Century, LLC, and Marriot Hotel Services, Inc.’s demurrer to Plaintiff Gerald Crosby’s complaint is OVERRULED. Defendants motion to strike Plaintiff’s complaint is DENIED.
Background
Plaintiff Gerald Crosby alleges he is hearing-impaired. Plaintiff alleges that on February 4, 2017, he patronized public accommodations owned and operated by Defendants XLD Century, LLC, and Marriott Hotel Services, Inc. to attend a real estate seminar. Plaintiff alleges Defendants violated the Unruh Civil Rights Act by refusing to provide him with an auxiliary aid such as an assistive listening device.
Legal Standard
A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, howe
Type
CIVIL RIGHTS/DISCRIMINATION FILED (Limited Jurisdiction)
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Defendants XLD Century, LLC, and Marriot Hotel Services, Inc.’s demurrer to Plaintiff Gerald Crosby’s complaint is OVERRULED. Defendants motion to strike Plaintiff’s complaint is DENIED.
Background
Plaintiff Gerald Crosby alleges he is hearing-impaired. Plaintiff alleges that on February 4, 2017, he patronized public accommodations owned and operated by Defendants XLD Century, LLC, and Marriott Hotel Services, Inc. to attend a real estate seminar. Plaintiff alleges Defendants violated the Unruh Civil Rights Act by refusing to provide him with an auxiliary aid such as an assistive listening device.
Legal Standard
A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party’s pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, howe