A fully trained service dog must be accommodated under federal law and Civil Code § 51; a service dog in training must also be accommodated under Civil Code §§ 54, 54.1, but only if accompanied by the disabled person, or a person licensed or otherwise qualified to train the dog. For purposes of the Unruh Act, Civ. Code 51(f), incorporating the federal ADA, service animals means only dogs and only dogs that have already been trained to do work or perform tasks for a disabled person, not dogs still in training to do so. Under the Disabled Persons Act, Civ. Code 54, 54.1, service dogs must be accommodated when present for the purpose of training the dogs but only if accompanied by the disabled person or someone licensed or otherwise credentialed as experience in training service dogs. Plaintiff’s claim for intentional infliction of emotional distress also failed as defendant had no general policy against accommodating service dogs.
California Court of Appeal, Second District, Division 1 (Johnson, J.); September 12, 2017; 2017 WL 4003420