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Plaintiffs’ decedent was fatally injured when she fell on steps in the common area of a strip mall while visiting the mall to have her hair done. Her usual handicapped parking space was unavailable because the parking lot was being resurfaced. The plaintiffs sued the owners of the strip mall, the hair salon, decedent’s hair stylist and the paving company. They alleged negligence, violation of the Unruh Act (predicated on a violation of the Americans with Disabilities Act), violation of the Disabled Persons Act (DPA) (also predicated on an ADA violation), and wrongful death. The trial court denied the summary judgment motions of the salon and stylist with respect to the Unruh and DPA claims, and the wrongful death cause of action.
On behalf of the salon and stylist, Horvitz & Levy successfully petitioned the Court of Appeal for a writ of mandate. In an unpublished opinion, the court held the evidence was undisputed that the salon and stylist did not lease or control the strip mall’s common areas. Therefore, there could be no ADA liability and no liability under the Unruh Act, the DPA, or for wrongful death. The Court of Appeal issued a peremptory writ requiring the trial court to vacate its order denying the motions for summary judgment, and to enter a new order granting those motions.
