Opinion

Hayer v. Liverant

Court
District Court, N.D. California
Filed
Nov 22, 2022
Cited by
0 cases
Authority
More cited than 18.9%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JULIA HAYER, Case No. 22-cv-05420-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. PRELIMINARY INJUNCTION

ALEX LIVERANT, Re: Dkt. No. 12

Defendant.

The motion for a preliminary injunction is granted. For good reason, Liverant does not

dispute that the irreparable harm, balance of equities, and public interest factors weigh in Hayer’s

favor. Accordingly, Hayer must show only “serious questions” going to the merits, “a lesser

showing than likelihood of success.” Fellowship of Christian Athletes v. San Jose Unified School

District Board of Education, 46 F.4th 1075, 1091 (9th Cir. 2022).

Hayer has done at least this much. She has established serious questions as to whether she

is disabled and requires an emotional support animal to cope with her disability. And she has

established serious questions as to whether Liverant effectively denied the accommodation by

approaching the interactive process in such an aggressive and overbearing manner, not to

mention by serving Hayer with a 10-day notice to cure or face eviction.

For these and all the reasons expressed at the hearing, Liverant is enjoined from requiring

Hayer to remove the animal from the premises or evicting Hayer based on the presence of the

animal while this litigation is pending.

IT IS SO ORDERED.

Dated: November 22, 2022

VINCE CHHABRIA

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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