and that by all these actions, defendant has intentionally and/or negligently inflicted emotional distress upon plaintiff. Defendant moved first for summary judgment on all of plaintiffs’ claims, following which plaintiff filed her own motion for partial summary judgment on their claim based on the Rehabilitation Act and their claim for breach of contract. The court considers the motion as to plaintiffs claims seriatim. Americans With Disabilities Act (ADA) Title III of the ADA prohibits discrimination “on the basis of disability in the full and equal enjoyment of the ... accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.” 42 U.S.C. § 12182(a). Places of public 992, 1013 (11th Cir.1982) (<HOLDING>); Schwind v. EW & Assoc., Inc., 357 F.Supp.2d
holding that exceptions  such as the act or omission of a third party  to strict liability under section 13385 of californias water code are affirmative defenses holding that affirmative defenses are waived if not pled recognizing exceptions to immunity recognizing that cases have generally treated statutory exceptions from remedial statutes as affirmative defenses recognizing first two exceptions