Civil Rights, Sanctions: 4/3 DCA Reverses $98,852 Sanctions Award Under CCP § 128.7 After Concluding That Plaintiff Successfully Defeated Summary Judgment Motion On ADA And Related Claims

For ADA/Disability Practitioners, A Disabled’s Successor May Have Standing To Pursue ADA And Related Claims For Injunctive Relief.

               In Saurman v. Peter’s Landing Property Owner, LLC, Case No. G061561 (4^th Dist., Div. 3 July 26, 2024) (published), the Court of Appeal reversed a summary judgment grant and $98,852 CCP § 128.7 sanctions award against husband, a successor to a deceased wife claiming ADA, Unruh Act, and Disabled Persons Act violations.  For practitioners in this area, this opinion is “must” reading for purposes of establishing whether a successor may have standing to pursue injunctive relief for the deceased person, for that person “as well as the public general” in state court (but not necessarily federal court).  That reversal of the grant of summary judgment pretty much meant that the section 128.7 sanctions order also fell because of the standing determination.  Acting Presiding Justice Moore penned the 3-0 opinion.