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 I….
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, § 51)[1] and Disabled Persons Act (DPA) (§ 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 †|
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