Background.
The Instant Lawsuit.
Plaintiff Arthur Mogilefsky filed this lawsuit against Defendant Panda Express, Inc. on August 27, 2020. Plaintiff’s first amended complaint (FAC) includes causes of action for (1) violation of the Unruh Act, (2) negligent employee training, and (3) unfair competition (Bus. & Prof. Code, § 17200).
Plaintiff’s lawsuit stems from a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20-24.) Plaintiff had pre-ordered his food online, and his food was ready at the counter when he arrived. Plaintiff proceeded to the pick-up counter to retrieve his food. (FAC, 4:4-6.) Plaintiff retrieved his food, and requested teriyaki sauce, which was provided to him. (FAC, 4:9-10.)
Plaintiff alleges that during his visit, three of Defendant’s employees told him that “dogs are not allowed in the stores.” (FAC, 4:7-25.) Plaintiff alleges that he told each associate that his dog was
Hearing Date
February 25, 2021
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Background.
The Instant Lawsuit.
Plaintiff Arthur Mogilefsky filed this lawsuit against Defendant Panda Express, Inc. on August 27, 2020. Plaintiff’s first amended complaint (FAC) includes causes of action for (1) violation of the Unruh Act, (2) negligent employee training, and (3) unfair competition (Bus. & Prof. Code, § 17200).
Plaintiff’s lawsuit stems from a January 3, 2020 visit to the Panda Express restaurant in Grover Beach, California. Plaintiff was carrying his dog, Chika, a Chihuahua mix. (FAC, 3:20-24.) Plaintiff had pre-ordered his food online, and his food was ready at the counter when he arrived. Plaintiff proceeded to the pick-up counter to retrieve his food. (FAC, 4:4-6.) Plaintiff retrieved his food, and requested teriyaki sauce, which was provided to him. (FAC, 4:9-10.)
Plaintiff alleges that during his visit, three of Defendant’s employees told him that “dogs are not allowed in the stores.” (FAC, 4:7-25.) Plaintiff alleges that he told each associate that his dog was