Mata v. Shultz
Appellant appeals from the dismissal of his lawsuit filed against the California Department of Employment Development and its former and current directors (collectively referred to hereafter in the singular form as EDD) following the sustaining of a demurrer to Matas second amended complaint (SAC). Mata, a state disability insurance (SDI) recipient, sued after he was not provided with alternative communication services to assist him during an independent medical examination performed by QTC Medical Group (QTC) at the request of EDD. He contends that this omission constituted a discriminatory denial of access to state benefits for which he is entitled to injunctive relief against EDD.
Court conclude that Matas claim is fatally defective, in that he has failed to allege that he sustained, and is at risk of sustaining in the future, any appreciable harm as a result of the alleged discriminatory conduct. Accordingly, dismissal of his claims against EDD was warranted.
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