Fear Not Law Articles: TURNER v. ASSOCIATION OF AMERICAN MEDICAL COLLEGES Part-II

TURNER v

TURNER v. ASSOCIATION OF AMERICAN
MEDICAL COLLEGES

Filed 3/24/11; reposted to correct description date

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

ANDRES TURNER et al.,
Plaintiffs and Respondents,
v.
ASSOCIATION OF AMERICAN
MEDICAL COLLEGES,
Defendant and Appellant.

A126742

(Alameda County
Super. Ct. No. RG04166148)

STORY CONTINUE FROM PART Iâ€¦.

The decisions in Molski, supra, 164 Cal.App.4th 786 and Murillo, supra, 17 Cal.4th 985 do not undermine a conclusion that there is a conflict between statutes in this case. In Molski, the plaintiff argued that a prevailing defendant should only be awarded attorney fees under section 55 if the plaintiff's action was frivolous. (Molski, at p. 791) Plaintiff argued for application of the standard under the ADA, where an award of attorney fees to the prevailing party is discretionary (42 U.S.C. § 12205; Hubbard, supra, 554 F.3d at p. 744), but a prevailing defendant may only be awarded fees â€

Description	In Turner v. Association of American Medical Colleges (2008) 167 Cal.App.4th 1401 (Turner I), this court held that, when taking a standardized test, individuals with learning disabilities and other conditions affecting their ability to read are not entitled to accommodations under California's Unruh Civil Rights Act (Unruh Act) (Civ. Code, Â§ 51)[1] and Disabled Persons Act (DPA) (Â§ 54 et seq.). We reversed the trial court's decision in favor of plaintiffs[2] and, on remand, defendant Association of American Medical Colleges sought an award of attorney fees under section 55 of the DPA. Section 55 provides that the â€
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.