MUNSON v. DEL TACO, INC.
The Ninth Circuit Court of Appeals today released an order in MUNSON v. DEL TACO, INC., No. 06-56208, a federal appeal. The panel consisted of Susan P. Graber and Marsha S. Berzon, Circuit Judges, and Claudia Wilken, District Judge.
We respectfully ask the California Supreme Court to exercise its discretion and decide the certified questions below, pursuant to California Rule of Court 8.548. The resolution of these questions will determine the outcome of this appeal, and no clear controlling California precedent exists. See Cal. R. Ct. 8.548(a). We are mindful that our request adds to the demanding caseload of the California Supreme Court, but this case raises difficult questions of California law on which trial courts, both state and federal, are sharply divided. The questions have broad implications for disability rights under the Unruh Civil Rights Act (”Unruh Act”), Cal. Civ. Code ยง 51, and for countless lawsuits alleging violations of the Unruh Act. Comity and federalism counsel that the California Supreme Court, rather than this court, should answer these questions. 1. Administrative Information Ninth Circuit Case No. 06-56208, KENNETH MUNSON, Plaintiff-Appellee v. DEL TACO, INC., Defendant-Appellant. Counsel for Kenneth Munson: Mark D. Potter and Russell C. Handy, Center for Disability Access, LLP, 100 E. San Marcos Blvd., Suite 400, San Marcos, California 92069. Counsel for Del Taco: Scott J. Ferrell, Lisa A. Wegner, and Melinda Evans, Call, Jensen & Ferrell, 610 Newport Center Drive, Suite 700, Newport Beach, California 92660. Del Taco is deemed the petitioner in this request because it appeals the district court’s rulings on the issues identified below. 2. Questions Certified . . .