Filed 7/17/15

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

SETH FLOWERS et al.,

 Plaintiffs and Appellants,

v.

BRINDA PRASAD et al.,

 Defendants and Respondents.

 B260140

 (Los Angeles County

 Super. Ct. No. PC053779)

APPEAL from a judgment of the Superior Court of Los Angeles County, 

Stephen H. Pfahler, Judge. Reversed and remanded with directions.

Litigation & Advocacy Group and Glenn A. Murphy for Plaintiffs and 

Appellants.

James S. Link for Defendants and Respondents.
2

In the underlying action for disability discrimination, appellants John and 

Seth Flowers alleged that they were denied service at respondents’ restaurant due 

to John Flowers’s service dog. In sustaining a demurrer and granting summary 

adjudication in respondents’ favor, the trial court concluded that appellants could 

assert a claim under the Disabled Persons Act (DPA) ( Civ. Code, §§ 54 - 55.3.), 

but not under the Unruh Civil Rights Act (Unruh Act) (Civ. Code, §§ 51, 52).

1

Following those rulings, at appellants’ request, the court dismissed their action 

with prejudice. We reverse the order of dismissal and remand.

RELEVANT FACTUAL AND

PROCEDURAL BACKGROUND

Appellants’ complaint, filed September 26, 2012, contains claims under the 

Unruh Act and the DPA, as well as claims for intentional infliction of emotional 

distress and negligent hiring, training, and supervision of employees.2 The 

complaint alleges that respondent Brinda Prasad owns respondent Valley India 

Café, Inc., which operates a restaurant in Canoga Park. The complaint further 

alleges that John is a disabled person with a licensed service dog, and that he and 

his son Seth have been denied service at the restaurant due to the service dog. The 

complaint sought an award of damages, and injunctive relief under the Unruh Act 

(§ 52). The complaint was later amended to name respondents Rajendra Prasad, 

Velayuthan Sappaniapillai, and Prakash Abraham as Doe defendants. 

1 Further statutory citations are to the Civil Code unless otherwise indicated.

2 Because appellants share a surname, we generally refer to them by their first 

names.
3

In September 2013, Sappaniapillai and Abraham demurred to the Unruh Act 

claim, contending that because the DPA -- unlike the Unruh Act – contains

express provisions addressing discrimination related to the use of service dogs, 

appellants could state a discrimination claim only under the DPA. The trial court 

agreed, concluding that the DPA was more specific regarding disability 

discrimination than the Unruh Act, and that the statutes were inconsistent because 

the Unruh Act provided for a greater minimum award of damages than the DPA. 

The court sustained the demurrer to the Unruh Act claim, and afforded only Seth 

leave to amend. Seth filed no amended complaint. 

In March 2014, the other respondents sought summary adjudication 

regarding the Unruh Act claim on the ground asserted in the demurrer. The trial 

court granted the motion. In September 2014, appellants requested a dismissal of 

their claims with prejudice to expedite appellate review of the rulings on the 

demurrer and grant of summary adjudication. On October 17, 2014, the court 

entered a judgment of dismissal. This appeal followed. 

DISCUSSION

Appellants contend the trial court erred in sustaining the demurrer and 

granting summary adjudication with respect to the Unruh Act claim. For the 

reasons discussed below, we agree.

A. Appealability

At the threshold, we address respondents’ contention that the judgment is 

not appealable. Ordinarily, the voluntary dismissal of a complaint with prejudice 

does not result in an appealable judgment. (Austin v. Valverde (2012) 211 

Cal.App.4th 546, 550-551 (Austin).) However, “‘appellate courts treat a voluntary 
4

dismissal with prejudice as an appealable order if it was entered after an adverse 

ruling by the trial court in order to expedite an appeal of the ruling.’” (Id. at 

p. 551, quoting Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 

1006, 1012.) The rationale for that exception is that such dismissals are “‘not 

really voluntary . . . .’” (Austin, supra, 211 Cal.App.4th at p. 550, quoting 

Ashland Chemical Co. v. Provence (1982) 129 Cal.App.3d 790, 793.) Here, 

respondents maintain that the voluntary dismissal was “truly voluntary.” We 

disagree.

In Austin, a driver sought mandamus after the Department of Motor

Vehicles (DMV) suspended his license due to a finding that he had driven while 

intoxicated. (Austin, supra, 211 Cal.App.4th at pp. 548-549.) When the trial court 

declined to afford the driver a copy of the DMV administrative record without the 

payment the court deemed to be due, he requested the voluntary dismissal of his 

petition with prejudice in order to expedite appellate review of that ruling. (Id. at 

pp. 549-555.) The court granted the request. (Ibid.) The appellate court 

concluded that the order of dismissal fell within the exception stated above, and 

was thus appealable. (Id. at pp. 550-552.) 

The circumstances here are materially identical to those in Austin. After the 

adverse rulings regarding the Unruh Act claim and shortly before trial, appellants 

filed a request for the dismissal of their claims, stating that they wished to “hasten 

the transfer of this case to the appellate court for review . . . .” To demonstrate the 

arguments to be made on appeal, they submitted an unpublished federal court 

decision in a disability discrimination action rejecting the contention respondents 

had successfully asserted in their demurrer and summary adjudication motion. 

Following a hearing, the trial court entered the order of dismissal, which expressly 
5

reflects that appellants sought “to expedite appellate review of adverse rulings

. . . .” The order of dismissal is thus appealable.3

 

B. Governing Principles

We therefore turn to appellants’ contention. Generally, orders sustaining 

demurrers and granting summary adjudication are reviewed de novo. (Krantz v. 

BT Visual Images, L.L.C. (2001) 89 Cal.App.4th 164, 167.) Here, the rulings

hinge on a question of law, namely, the application of the canon of statutory 

interpretation stated in Code of Civil Procedure section 1859, which provides: “In 

the construction of a statute the intention of the Legislature . . . is to be pursued, if 

possible; and when a general and [a] particular provision are inconsistent, the 

latter is paramount to the former. So a particular intent will control a general one 

that is inconsistent with it.” 

A specific provision controls over a general provision when the provisions 

are “irreconcilable.” (State Dept. of Public Health v. Superior Court (2015) 60 

Cal.4th 940, 960.) For that reason, the application of the rule stated above 

requires an inquiry into whether the provisions can be harmonized in a manner 

reflecting the Legislature’s intent. Our Supreme Court has explained: “‘“A court 

must, where reasonably possible, harmonize statutes, reconcile seeming 

inconsistencies in them, and construe them to give force and effect to all of their 

provisions. [Citations.] This rule applies although one of the statutes involved 

deals generally with a subject and another relates specifically to particular aspects 

3 Respondents suggest that the voluntary dismissal was “truly voluntary” because 

appellants could have proceeded to trial on their remaining claims. However, that fact 

does not distinguish them from the driver in Austin, who also could have continued to 

litigate his claims despite the adverse ruling. 
6

of the subject.” [Citation.] . . .’” [¶] “But the requirement that courts harmonize 

potentially inconsistent statutes when possible is not a license to redraft the 

statutes to strike a compromise that the Legislature did not reach.” (Id. at p. 955.)

Appellants’ contention thus requires us to examine the Unruh Act and the 

DPA, insofar as they address disability discrimination related to service dogs, to 

determine whether any apparent inconsistencies can be harmonized.4

C. Unruh Act

The Unruh Act was enacted to “create and preserve a nondiscriminatory 

environment in California business establishments by ‘banishing’ or ‘eradicating’ 

arbitrary, invidious discrimination by such establishments.” (Angelucci v. Century 

Supper Club (2007) 41 Cal.4th 160, 167.) The substantive protections against 

discrimination established by the Unruh Act are set forth in Civil Code section 51. 

Subdivision (b) of that provision states: “All persons within the jurisdiction of 

this state are free and equal, and no matter what their sex, race, color, religion, 

ancestry, national origin, disability, medical condition, genetic information, 

marital status, or sexual orientation are entitled to the full and equal 

accommodations, advantages, facilities, privileges, or services in all business 

4 Our inquiry is governed by established principles. “The objective of statutory 

interpretation is to ascertain and effectuate legislative intent. To accomplish that 

objective, courts must look first to the words of the statute, giving effect to their plain 

meaning.” (In re Jerry R. (1994) 29 Cal.App.4th 1432, 1437.) However, “the words 

must be construed in context, and provisions relating to the same subject matter must be 

harmonized to the extent possible. [Citation.]” (Lungren v. Deukmejian (1988) 45 Cal.3d 

727, 735.) In addition, “[b]oth the legislative history of the statute and the wider 

historical circumstances of its enactment may be considered in ascertaining the legislative 

intent.” (Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 

1379,1387.)
7

establishments of every kind whatsoever.” Furthermore, subdivision (f) of section 

51 incorporates the protections against discrimination created by the Americans 

with Disabilities Act of 1990 (ADA) (42 U.S.C. § 12101 et seq.), stating: “A 

violation of the right of any individual under the [ADA] shall also constitute a 

violation of this section.”

In view of the latter provision, the Unruh Act encompasses the ADA 

protections for disabled individuals who use service dogs. (Davis v. Ma (C.D. 

Cal. 2012) 848 F.Supp.2d 1105, 1112-1116.) Title III of the ADA provides that 

“[n]o individual shall be discriminated against on the basis of disability” in places 

of public accommodation. (42 U.S.C § 12182(a).) Under the ADA and its 

regulations, a public accommodation must make reasonable modifications to its 

policies, practices, and procedures to permit the use of service dogs by disabled 

individuals. (Lentini v. Cal. Ctr. for the Arts (9th Cir. 2004) 370 F.3d 837, 843-

845; 28 C.F.R. §§ 36.104, 36.302(c).) Thus, denying a disabled person access to a 

public accommodation due to that person’s service dog constitutes a potential 

violation of the ADA. (Davis v. Ma, supra, 848 F.Supp.2d at p. 1112.) 

Civil Code section 52, which provides remedies for violations of section 51, 

authorizes a damages award of no less than $4,000 and injunctive relief. (Turner 

v. Association of American Medical Colleges (2011) 193 Cal.App.4th 1047, 1058

(Turner); Molski v. Arciero Wine Group (2008) 164 Cal.App.4th 786, 791 

(Molski).) Subdivision (a) of section 52 states: “Whoever denies, aids or incites a 

denial, or makes any discrimination or distinction contrary to [s]ection 51 . . . is 

liable for each and every offense for the actual damages, and any amount that may 

be determined by a jury, or a court sitting without a jury, up to a maximum of three 

times the amount of actual damage but in no case less than four thousand dollars 

. . . , and any attorney’s fees that may be determined by the court in addition 
8

thereto, suffered by any person denied the rights provided in [s]ection 51 . . . .” 

The fee award provision is unilateral, that is, “the plaintiff can recover attorney’s 

fees if he or she prevails, but the defendant cannot.” (Molski, supra, 164 

Cal.App.4th at p. 791.) In addition, under subdivision (c) of section 52, “any 

person aggrieved” by prohibited discrimination may file a request for “preventive 

relief.”5 (Id. at (c)(3).) Thus, a disabled person asserting a violation of section 51 

may seek injunctive relief. (Midpeninsula Citizens for Fair Housing v. Westwood 

Investors (1990) 221 Cal.App.3d 1377, 1384 (Midpeninsula Citizens).)6

D. DPA

The DPA also establishes protections for disabled persons. (Munson v. Del 

Taco. Inc. (2009) 46 Cal.4th 661, 674 (Munson).) The principal substantive 

protections are set forth in sections 54, 54.1, and 54.2. Pertinent here are sections 

54 and 54.2, each of which expressly includes the ADA protections. Subdivision 

(a) of section 54 sets forth a broad prohibition against discrimination, stating: 

“Individuals with disabilities or medical conditions have the same right as the 

general public to the full and free use of the streets, highways, sidewalks, 

5 Subdivision (c) of section 52 provides in pertinent part: “Whenever there is 

reasonable cause to believe that any person or group of persons is engaged in conduct of 

resistance to the full enjoyment of any of the rights described in this section, and that 

conduct is of that nature and is intended to deny the full exercise of those rights, . . any 

person aggrieved by the conduct may bring a civil action in the appropriate court by filing 

with it a complaint. The complaint shall contain the following: [¶] . . . [¶] (3) A request 

for preventive relief, including an application for a permanent or temporary injunction, 

restraining order, or other order against the person or persons responsible for the conduct, 

as the complainant deems necessary to ensure the full enjoyment of the rights described in 

this section.”

6 Subdivision (c) of section 52 also expressly authorizes requests for injunctive 

relief by “the Attorney General, any district attorney or city attorney . . . .”
9

walkways, public buildings, medical facilities, including hospitals, clinics, and 

physicians’ offices, public facilities, and other public places.” Subdivisions (a) 

and (b) of section 54.2 guarantee specified rights of access to disabled persons 

using service dogs, as well as to disabled persons and other individuals engaged in 

training service dogs.7 Both section 54 and section 54.2 incorporate the ADA 

protections that track the analogous incorporation provision of the Unruh Act 

(§ 51, subd. (f)), stating: “A violation of the right of an individual under the 

[ADA] also constitutes a violation of this section” (§§ 54, subd. (c), 54.2, subd. 

(b)). 

Under the remedial provisions of the DPA, disabled persons asserting a 

violation of sections 54, 54.1, or 54.2 may obtain an award of damages -- albeit, 

with a $1,000 minimum limit, lower than that set forth in the Unruh Act -- and an 

attorney fee award. Under section 54.3, subdivision (a), anyone who engages in 

7 Subdivision (a) of section 54.2 states: “Every individual with a disability has the 

right to be accompanied by a guide dog, signal dog, or service dog, especially trained for 

the purpose, in any of the places specified in [s]ection 54.1 without being required to pay 

an extra charge or security deposit for the guide dog, signal dog, or service dog. 

However, the individual shall be liable for any damage done to the premises or facilities 

by his or her dog.”

Subdivision (b) of section 54.2 states: “Individuals who are blind or otherwise 

visually impaired and persons licensed to train guide dogs for individuals who are blind 

or visually impaired . . . and individuals who are deaf or hearing impaired and persons 

authorized to train signal dogs for individuals who are deaf or hearing impaired, and 

individuals with a disability and persons who are authorized to train service dogs for the 

individuals with a disability may take dogs, for the purpose of training them as guide 

dogs, signal dogs, or service dogs in any of the places specified in Section 54.1 without 

being required to pay an extra charge or security deposit for the guide dog, signal dog, or 

service dog. However, the person shall be liable for any damage done to the premises or 

facilities by his or her dog. These persons shall ensure the dog is on a leash and tagged as 

a guide dog, signal dog, or service dog by an identification tag issued by the county clerk, 

animal control department, or other agency . . . .”
10

such a violation “is liable for each offense for the actual damages and any amount 

as may be determined by a jury, or the court sitting without a jury, up to a 

maximum of three times the amount of actual damages but in no case less than one 

thousand dollars . . . , and attorney’s fees as may be determined by the court in 

addition thereto, suffered by any person denied any of the rights provided in

[s]ections 54, 54.1, and 54.2.” Like the fee award provision in section 52, the fee 

award provision here is unilateral, that is, it authorizes awards only to prevailing 

plaintiffs. (Turner, supra, 193 Cal.App.4th at pp. 1058-1060; Molski, supra, 164 

Cal.App.4th 792.) 

Section 54.3 also contains provisions addressing the remedies available 

under subdivision (a). Subdivision (b) states that such remedies are “nonexclusive 

and are in addition to any other remedy provided by law . . . .” However, 

subdivision (c) bars a simultaneous recovery of damages under the Unruh Act and 

the DPA, stating: “A person may not be held liable for damages pursuant to both 

this section and [s]ection 52 for the same act or failure to act.” 

In a separate provision, the DPA authorizes injunctive relief “to correct 

violations of DPA standards.” (Turner, supra, 193 Cal.App.4th at p. 1059.) 

Section 55 provision states: “Any person who is aggrieved or potentially 

aggrieved by a violation of [s]ection 54 or 54.1 . . . may bring an action to enjoin 

the violation. The prevailing party in the action shall be entitled to recover 

reasonable attorney’s fees.” (Italics added.) Because section 54 incorporates the 

ADA protections, a person alleging a violation of those protections may seek 

injunctive relief under section 55.

The phrases italicized above mark two salient differences between section 

55 and section 52, the latter of which provides for injunctive relief under the 

Unruh Act. Because section 55 permits a person who is “potentially aggrieved” to 
11

seek an injunction, “virtually any disabled person can bring an action to compel 

compliance with the DPA under section 55,” without proving that the violation 

actually denied him or her equal access to some facility. (Urhausen v. Longs Drug 

Stores California, Inc. (2007) 155 Cal.App.4th 254, 266 (Urhausen); see Jankey v. 

Lee (2012) 55 Cal.4th 1038, 1051 (Jankey).) In contrast, section 52 affords 

injunctive relief to “any person aggrieved,” but contains no reference to 

“potentially” aggrieved persons. Furthermore, unlike the fee award provision in 

section 52, the analogous provision in section 55 is bilateral. Because section 55 

authorizes an award to “the” prevailing party, “either party will be entitled to . . .

fees if [it] prevail[s].” (Molski, supra, 164 Cal.App.4th at p. 792.) 

E. Analysis

In Molski, the appellate court observed that the Unruh Act and the DPA 

afford disabled persons alternative remedies for discrimination based on 

architectural barriers to access. (Molski, supra, 164 Cal.App.4th at pp. 791-792.) 

In our view, the same is true for disabled persons asserting a denial of access due 

to the use of a service dog. As explained below, we see no inconsistency between 

the Unruh Act and the DPA mandating the conclusion that disabled persons

alleging such discrimination are limited to asserting claims under the DPA. 

To begin, the substantive provisions of the Unruh Act and the DPA 

regarding disabled persons and the use of service dogs are plainly consistent. 

Both incorporate the protections established under the ADA, including those 

applicable to the use of service dogs. As noted above (see pts. B & C, ante), the 

Unruh Act encompasses those protections in section 51, subdivision (f), and the 

DPA encompasses them in section 54, subdivision (c), and section 54.2, 

subdivision (b). Furthermore, in section 54.2, the DPA supplements those 
12

protections with express rights of access, including rights relating to the training 

of service dogs. As our Supreme Court has observed, the two statutory schemes 

“clearly have significant areas of overlapping application, although the Unruh . . .

Act . . . applies to many more types of discrimination, while the [DPA] contains 

unique specific provisions regarding guide, service, and signal dogs (§ 54.2) . . . .” 

(Munson, supra, 46 Cal.4th at p. 675.) 

Respondents suggest that the protections created by the statutory schemes 

are inconsistent, arguing that violations of the Unruh Act -- unlike violations of 

the DPA -- require proof of intentional discrimination. However, no such 

difference exists between the statutory schemes with respect to disability 

discrimination based on service dogs. In Munson, our Supreme Court concluded 

that a plaintiff seeking damages for disability discrimination under the Unruh Act 

need not demonstrate intentional discrimination because the protections against 

disability discrimination in the Unruh Act encompass the ADA protections, which 

require no proof of intentional discrimination. (Munson, supra, 46 Cal.4th at pp. 

665-673.)8

We therefore turn to the remedial provisions of the Unruh Act and the DPA, 

which respondents also maintain are irreconcilable. They place special emphasis 

8 Marsh v. Edwards Theatres Circuit, Inc. (1976) 64 Cal.App.3d 881, upon which 

respondents rely, is distinguishable, as it concerned the predecessors of the Unruh Act 

and the DPA, which did not incorporate a common core of protections against disability 

discrimination. There, the wheelchair-bound plaintiff sought an award of damages and 

injunctive relief under the Unruh Act, alleging that he was improperly denied access to a 

movie theater. (Marsh v. Edwards, supra, 64 Cal.App.3d at pp. 884-889.) The appellate 

court concluded that the plaintiff could assert a claim solely under the DPA because only 

that statute specifically addressed disability discrimination, and the Unruh Act then 

contained substantive limitations rendering it “of little aid” to the plaintiff. (Marsh v. 

Edwards, supra, at pp. 889-891.) For the reasons discussed above, those considerations 

are inapplicable to the current versions of the Unruh Act and the DPA.
13

on the difference between the minimum damages award of $4,000 specified in the 

Unruh Act and the minimum damages award of $1,000 specified in the DPA. That 

difference, they argue, “is obvious, significant, and cannot be harmonized.” As 

explained below, we disagree.

The language of the DPA reflects a legislative intent to permit disabled 

persons to assert claims under the Unruh Act and the DPA. As noted above (see 

pt. D., ante), subdivision (b) of section 54.3 states that remedies available under 

section 54.3 are “nonexclusive” and “in addition to any other remedy provided by 

law . . . .” The sole limitation on recovery is located in subdivision (c) of section 

54.3, which states: “A person may not be held liable for damages pursuant to both 

this section and [s]ection 52 for the same act or failure to act.” That provision 

makes little sense if the Legislature’s intent was to bar disabled persons from 

seeking damages under the Unruh Act. Had the Legislature so intended, it could 

have simply stated that prohibition. (See Reycraft v. Lee (2009) 177 Cal.App.4th 

1211, 1226-1227 [observing that if the Legislature had intended to authorize 

damages awards for “‘potentially aggrieved’” persons under section 54.3, it could 

have done so, in view of the language of section 55].) 

Our conclusion finds additional support from the legislative history of the 

Unruh Act and the DPA. In 1992, the Legislature amended both statutory schemes 

simultaneously to incorporate the ADA protections for disabled persons. 

(Munson, supra, 46 Cal.4th at pp. 668-669.) An uncodified section of that 

legislation stated: “‘It is the intent of the Legislature in enacting this act to 

strengthen California law in areas where it is weaker than the [ADA] and to retain 

California law when it provides more protection for individuals with disabilities 

than the [ADA].’” (Stats.1992, ch. 913, § 1, p. 4282.) In 1992, when the 
14

amendments were enacted, the minimum damages award under each law was 

identical, namely, $250. (Munson, supra, 46 Cal.4th at p. 674.) 

Later, the Legislature repeatedly amended the minimum awards for a variety 

of reasons, and amended section 54.3 to include subdivision (c), which states the 

prohibition on a double recovery of damages under the Unruh Act and the DPA. 

“In 1994, the section 52 minimum was raised to $1,000 and that of section 54.3 to 

$750 (in a different enactment).” (Munson, supra, 46 Cal.4th at p. 674, fn. 9.) In 

1996, the Legislature increased the section 54.3 award to $1,000 and added the 

double recovery prohibition. (Munson, supra, at p. 675, fn. 10.) “In 2001, the 

Legislature increased the section 52 minimum to $4,000, to increase deterrence 

against civil rights violations profitable to businesses but causing relatively little 

individual damage, such as [the] gender discounts forbidden by section 51.6.[

9]

[Citation.] A bill to again equalize the two minimums by raising that in section 

54.3 to $4,000 was passed by the Legislature in 2004, but vetoed by the Governor

. . . .” (Munson, supra, 46 Cal.4th at p. 674, fn. 9.) 

The legislative history thus discloses no intent to compel disabled persons 

to assert discrimination claims relating to service dogs exclusively under the DPA. 

That intent cannot be attributed to the Legislature in 1992, as it effectively 

amended the Unruh Act to incorporate the provisions of the ADA and its 

regulations authorizing such claims. Nor do the subsequent amendments betray 

any intent to repeal or foreclose such claims. Generally, we will not find a repeal 

9 Section 51.6 codifies the Gender Tax Repeal Act, which “addresses gender-based 

price discrimination, providing that ‘[n]o business establishment of any kind whatsoever 

may discriminate, with respect to the price charged for services of similar or like kind, 

against a person because of the person’s gender.’ (§ 51.6, subd. (b).” (Surrey v. 

TrueBeginnings, LLC (2008) 168 Cal.App.4th 414, 418.) 
15

by implication unless there are compelling grounds to do so.

10 No such grounds 

are present here, as the amendments reflect considerations other than an intent to 

bar disability discrimination claims under the Unruh Act. Although the minimal 

awards diverged after 1992, the Legislature equalized them in 1996, when it 

enacted the prohibition against double recovery. As noted above, that prohibition 

reflects an intent to permit “service dog” claims under the Unruh Act and the 

DPA.

11 Later, after increasing the section 52 minimum award for reasons 

unrelated to the propriety of “service dog” claims, the Legislature attempted 

unsuccessfully to equalize the minimum awards. We therefore conclude that the 

disparity between the minimum awards establishes no intent to bar discrimination 

claims relating to service dogs under the Unruh Act. 

Respondents contend the attorney fee provisions relating to injunctive relief 

are irreconcilable, as the Unruh Act provision is unilateral and the DPA fee 

provision is bilateral. Those differences, however, can be explained by reference 

to the pertinent requirements for injunctive relief. As noted above (see pt. D., 

ante), the Unruh Act and the DPA permit “any person aggrieved” to seek 

10 “‘“[A]ll presumptions are against a repeal by implication. [Citations.]” [Citation.] 

Absent an express declaration of legislative intent, we will find an implied repeal “only 

when there is no rational basis for harmonizing the two potentially conflicting statutes 

[citation], and the statutes are ‘irreconcilable, clearly repugnant, and so inconsistent that 

the two cannot have concurrent operation.’” [Citation.]’” (Merrill v. Navegar, Inc.

(2001) 26 Cal.4th 465, 487, quoting Garcia v. McCutchen (1997) 16 Cal.4th 469, 476-

477.) 

11 Indeed, the legislative history shows that the 1996 amendments presupposed the 

propriety of disability discrimination claims under the Unruh Act. As our Supreme Court 

has observed, the Legislature’s adjustment to the section 54.3 minimum award in 1996 

appears to have been founded on the recognition that an aggrieved party’s minimum 

award should not “‘depend upon the statute . . . cite[d] in his or her complaint.’” 

(Fn. continued on next page.)
16

injunctive relief. (§§ 52, subd. (c)(3), 55.) Furthermore, under the DPA, section 

55 also affords injunctive relief to persons “‘potentially aggrieved,’” thus 

permitting “‘virtually any disabled person’” to seek such relief. (Jankey, supra, 55 

Cal.4th at p. 1051, quoting Urhausen, supra, 155 Cal.App.4th at p. 254.) In 

contrast, section 52 limits injunctive relief to persons who have suffered a 

violation of their own rights, or confronted a direct threat to those rights. 

(Midpeninsula Citizens, supra, 221 Cal.App.3d at p. 1384 [the term “‘person 

aggrieved’” in section 52 does not encompass plaintiffs whose rights have not 

been “personally violated”]; see Scaduto v. Esmailzadeh (C.D. Cal. 2007) 2007 

U.S. Dist. LEXIS 103241, *24 [tenants alleging discrimination by landlord and 

threatened with eviction, but not yet evicted, were “‘persons aggrieved,’” for 

purposes of the Unruh Act].) The bilateral provision in section 55 thus reflects an 

apparent legislative intent to discourage potentially meritless requests for 

injunctive relief, in view of the broad class of persons entitled to make such 

requests. (See Turner, supra, 193 Cal.App.4th at p. 1069.) In sum, because there 

is no irreconcilable inconsistency between the Unruh Act and the DPA, a plaintiff 

alleging disability discrimination relating to the use of a service dog may assert 

claims under both statutory schemes, subject to any specific limitations stated in 

them.12

 

(Munson, supra, 46 Cal.4th at p. 675, fn. 10, quoting Assem. Com. on Judiciary, Analysis 

of Sen. Bill No. 1687 (1995-1996 Reg. Sess.) as amended Apr. 25, 1996, p. 3.) 

12 We note that appellants have requested an award of attorney fees as the prevailing 

parties on appeal. Because they offer no argument (with citation to appropriate legal 

authorities) to support that request, we reject it. (See Okasaki v. City of Elk Grove (2012) 

203 Cal.App.4th 1043, 1045, fn. 1; OCM Principal Opportunities Fund, L.P. v. CIBC 

World Markets Corp. (2007) 157 Cal. App.4th 835, 844, fn. 3; 9 Witkin, Cal. Procedure 

(5th ed. 2008) Appeal, § 701, pp. 769-771.)
17

DISPOSITION

The judgment is reversed, and the matter is remanded with directions to 

vacate the sustaining of the demurrer and grant of summary adjudication regarding 

appellants’ Unruh Act claim, to enter new orders denying the demurrer and motion 

for summary adjudication, and to conduct further proceedings in accordance with 

this opinion. Appellants are awarded their costs on appeal.

CERTIFIED FOR PUBLICATION

MANELLA, J.

We concur:

WILLHITE, Acting P. J.

COLLINS, J.