Law Offices of Brodsky & Smith, LLC and Berger & Montague, P.C. Announce Certification of Statewide California Class Action Against Ralphs Grocery

The law offices of Brodsky & Smith, LLC and Berger & Montague, P.C. announce that on October 6, 2008, Judge Christina Snyder of the Central District of California certified a class action lawsuit pursuant to the Americans with Disabilities Act and California State discrimination laws. The case is Sung Park, et al. v. Ralphs Grocery Company, CV 08-2021 CAS (RCx). The Class consists of all individuals with disabilities who use wheelchairs or electric scooters for mobility who, during a time period to be determined by the Court, were denied, or are currently being denied, on the basis of disability, full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of all corporate owned Ralphs Grocery Company stores in California excluding the 23 locations presently the subject of litigation in Pereira v. Ralphs, CV-07-841 PA (FFMx).

The Court named Brodsky & Smith, LLC and Berger & Montague, P.C. class counsel. The lawsuit seeks injunctive relief and statutory damages under federal and state law. Ralphs, a division of The Kroger Co. (NYSE: KR), operates 260 supermarket locations throughout California.

Ralphs sought permission to appeal the District Court's class certification decision to the Ninth Circuit Court of Appeals, arguing among other things, that the District Court's certification "ruling created a death knell for Ralphs" and that plaintiffs "could ask for damages as high as $600,000,000." On January 23, 2009, the Ninth Circuit denied Ralphs' petition to appeal and the class action remains certified for trial in the Central District of California.

If you are or believe you are a member of the class described above and want to discuss your legal rights, or have other information regarding the claims made against Ralphs, you may e-mail or call Co-Lead counsel, Brodsky & Smith, LLC and Berger & Montague, P.C., who will, without obligation or cost to you, attempt to answer your questions. You may contact Evan J. Smith, Esquire at Brodsky & Smith, LLC, 9595 Wilshire Blvd., Ste. 900, Beverly Hills, CA 90212, by e-mail at clients@brodsky-smith.com , or by calling toll free 877-LEGAL-90, or you may contact Doug Risen at Berger & Montague, P.C., 1622 Locust Street, Philadelphia, PA 19103 or by calling 215-875-3000.

Contacts: Evan J. Smith, Esquire Brodsky & Smith, LLC 9595 Wilshire Blvd., Ste. 900 Beverly Hills, CA 90212 Email Contact 877-LEGAL-90 Doug Risen Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 215-875-3000