Aleta Guthrey v. Alta California Regional Center

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 30 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ALETA GUTHREY, a conserved adult, No. 23-16056 through her conservator, Areta Guthrey; ARETA KAY GUTHREY, Conservator, D.C. No. 2:18-cv-01087-MCE-JDP Plaintiffs-Appellants,

v. MEMORANDUM*

ALTA CALIFORNIA REGIONAL

CENTER, a California Non-Profit corporation; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California Morrison C. England, Jr., District Judge, Presiding

Argued and Submitted August 13, 2024 San Francisco, California

Before: GRABER, CALLAHAN, and KOH, Circuit Judges. Partial concurrence and partial dissent by Judge CALLAHAN.

Plaintiffs Aleta Guthrey and Areta Guthrey appeal the district court’s

Federal Rule of Civil Procedure (“Rule”) 12(b)(6) dismissal of their action under

Title III of the Americans with Disabilities Act (“ADA”) and § 504 of the

* This disposition is not appropriate for publication and is not precedent except as provided by…