Ruiz v. Musclewood Investment PropertiesAnnotate this Case
Plaintiff filed suit against Musclewood, alleging that defendants violated his rights under the Disabled Persons Act (DPA), by allowing their guard dog to interfere with and attack plaintiff's guide dog. Plaintiff, who is blind, had been trained to use a route that passed in front of defendants' business when he traveled to the market or bus stop. Defendants' guard dog was not trained, leashed, or otherwise controlled or restrained.
The Court of Appeal held that the trial court erred by sustaining a demurrer to his cause of action under the DPA without leave to amend where plaintiff stated a valid claim under section 54.3 of the DPA and plaintiff sufficiently alleged standing for damages. The court also reversed the trial court's order granting a motion to strike. In this case, the trial court committed reversible error by striking the first cause of action, the prayer for damages (including treble damages), and the prayer for attorney fees.