California Supreme Court Watch

Jul 17, 2018
#18-92 White v. Square, Inc., S249248. (9th Cir. No. 16-17137; 891 F.3d 1174; Northern District of California No. 3:15-cv-04539-JST.)

#18-92 White v. Square, Inc., S249248. (9th Cir. No. 16-17137; 891 F.3d 1174; Northern District of California No. 3:15-cv-04539-JST.) Request under California Rules of Court rule 8.548, that this court decide a question of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The question presented is: “Does a plaintiff suffer discriminatory conduct, and thus have statutory standing to bring a claim under the Unruh Act, when the plaintiff visits a business’s website with the intent of using its services, encounters terms and conditions that deny the plaintiff full and equal access to its services, and then departs without entering into an agreement with the service provider? Alternatively, does the plaintiff have to engage in some further interaction with the business and its website before the plaintiff will be deemed to have been denied full and equal treatment by the business?”

Review granted: 07/11/2018

See the Ninth Circuit order