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SOUTHERN CALIFORNIA RECORD

Thursday, October 24, 2024

Plaintiff alleges Trustees of Real Estate Trust violated Disability Access Laws

State Court
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Gabby Furno, a California resident with physical disabilities, has filed a lawsuit against the trustees of the D and K Parsa Trust for alleged violations of disability access laws. The complaint was submitted to the Ventura Superior Court on October 8, 2024, naming Daryush Parsa and Kathleen L. Parsa as defendants.

According to the complaint, Furno visited a skin care and waxing bar located at 2412 E. Main Street in Ventura on April 26, 2024. She encountered significant barriers due to her reliance on a wheelchair for mobility. The parking lot serving the establishment allegedly lacked the required number of van-accessible handicapped parking spots with proper signage and an adjacent access aisle. This oversight resulted in difficulty, discomfort, and embarrassment for Furno when she attempted to use the facility's services.

Furno claims that these barriers are easily removable without significant difficulty or expense and that their removal is mandated by law. She argues that such barriers violate both federal and state regulations, including the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act. Specifically, she alleges that Defendants failed to ensure equal access to public accommodations by not maintaining accessible facilities in operable working condition.

The plaintiff seeks injunctive relief compelling compliance with accessibility standards under the Unruh Civil Rights Act but does not invoke section 55 of the California Civil Code nor seek relief under the Disabled Persons Act. Additionally, Furno requests damages under the Unruh Civil Rights Act, which includes actual damages and a statutory minimum of $4,000 per violation. She also seeks reasonable attorney’s fees, litigation expenses, and costs of suit pursuant to Cal. Civ. Code § 52.

The case is represented by attorney Dayton Magallanes from Moorpark, CA. The case ID is 2024CUCR031560.

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