D.C. No. 2:10-cv-01270-RGK-JC
Before: Consuelo M. Callahan, Sandra S. Ikuta, and Andrew D. Hurwitz, Circuit Judges.
Certification of Questions to State Supreme Court
The panel filed an order certifying to the California Supreme Court determinative questions of law regarding the California Disabled Persons Act.
The panel certified the following questions:
Section 54.3(a) of the California Civil Code provides that a person who violates the California Disabled Persons Act, Cal. Civ. Code §§ 54, 54.1, is liable for actual damages for "each offense . . . but in no case less than one thousand dollars ($1, 000)." Does the phrase "each offense" refer to each occasion when a plaintiff encounters a barrier that denies the plaintiff full and equal access to a public facility, or should a trial court construe "each offense" more narrowly, particularly in situations where a plaintiff repeatedly encounters the same barrier? If the phrase "each offense" is not susceptible to a narrower construction, under what circumstances would the penalty scheme in section 54.3 violate the due process clause of the state constitution?
We respectfully request that the Supreme Court of California exercise its discretion to decide the certified questions set forth in Part II of this order.
Caption and Counsel
A. The caption of the case is:
LARRY BEAUCHAMP Plaintiff-Appellant
CITY OF LONG BEACH Defendant-Appellee
B. The names and addresses of counsel for the parties are: For Plaintiff-Appellant:
Jeff A. Harrison, Barbosa, Metz & Harrison, LLP 139 Richmond Street, El Segundo, CA 90245 For Defendant-Appellee: Monte H. Machit, Principal Deputy City Attorney Office of the Long Beach City Attorney 333 West Ocean Blvd., 11th Floor Long Beach, CA 90802
Timothy T. Coates and Lillie Hsu Greines, Martin, Stein & Richland, LLP 5900 Wilshire Blvd., 12th ...