Goodman v. Western Dental Servs., Inc., Complaint, Superior Court for the State of California, HIV/AIDS Legal Services Alliance (HALSA)

Pleadings and Briefs

On behalf of two HIV-positive individuals, the HIV/AIDS Legal Services Alliance (HALSA) filed suit against a dental provider for refusing to provide dental services, specifically tooth extraction, to the HIV-positive individuals on the basis of their HIV status. This case was filed in California state court because plaintiffs in that state historically have fared better there than in federal court. This complaint alleges that the defendants violated the section of the Santa Monica Municipal Code that prohibits discrimination on the basis of HIV/AIDS, and two sections of the California Civil Code that prohibit discrimination on the basis of disability. The complaint also includes two tort claims of intentional and negligent infliction of emotional distress. Although based on California law, the allegations in the complaint could easily be adapted to the requirements of other state courts or to ADA and/or Rehabilitation Act claims in federal court.