Tentative ruling issued by Judge Elaine Lu or Yolanda Orozco on Nov. 13, 2017 in Los Angeles County, CA - Case no: xxxxx548

Defendant CCMH Marina LLC’s demurrer to Plaintiff Gerald Crosby’s complaint is OVERRULED. Defendant’s motion to strike Plaintiff’s complaint is DENIED.

Background

Plaintiff Crosby alleges that he is “hard of hearing.” (Compl. ¶ 2.) Allegedly, Defendant Marina operates a hotel which is a “public accommodation.” (Id. ¶ 3, 5.) Plaintiff alleges that he “patronized” Defendant’s hotel and was refused an assistive listening device. (Id. ¶ 5.) As a result, Plaintiff alleges that he was unable to enjoy the “Daymond John’s Success Formula seminar” which he was attending. (Id. ¶ 5.) Plaintiff alleges that Defendant’s actions violated the Unruh Civil Rights Act by violating 42 U.S.C. § 12182 and 28 C.F.R. § 36.303. (Id. ¶ 6.)

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 demurre….....