Free Response in Support of Motion - District Court of California - California

Case 3:08-cv-00563-DMS-POR

Document 9-7

Filed 07/03/2008

Page 1 of 2

EXHIBIT 5

Case 3:08-cv-00563-DMS-POR

Document 9-7 S162818

Filed 07/03/2008

Page 2 of 2

IN THE SUPREME COURT OF CALIFORNIA SUPREME COUR1
En Banc

FILED

KENNETH MUNSON, Plaintiff and Appellant, V. DEL TACO, INC., a California Corporation , Defendant and Appellant

JUN 3 5 2005 Frederick K Ohifi Deputy I(

The request, made pursuant to California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit, is granted. Pursuant to rule 8.548(f)(5) of the California Rules of Court, this court restates the certified questions as follows: (1) "Must a plaintiff who seeks damages under California Civil Code section 52, claiming the denial of full and equal treatment on the basis of disability in violation of the Unruh Civil Rights Act (Civ. Code, § 51) and the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12101 et seq.), prove `intentional discrimination' "? (2) "If the answer to Question 1 is `yes,' what does `intentional discrimination' mean in this context?" For the purposes of briefing and oral argument, defendant Del Taco, Inc. is deemed petitioner in this court. (Cal. Rules of Court, rule 8.520(a)(6).) George, C.J.; was absent and did not participate. Corrigan, J., was absent and did not participate.

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Chin Kennard

Acting ChiefJustice

Associate Justice

RECEIVE-D
JUN 3 0 2008
CALL-JEN =N & FERRELL

Baxter
Associate Justice

Werdegar Associate Justice
Associate Justice

Moreno
Associate Justice

Associate Justice

EXHIBIT5