Evans

Evans v. City of San Diego

Good Law
United States District Court, Southern District of CaliforniaAugust 22, 20243:23-cv-00883California2,742 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JESSE EVANS, Case No. 23-cv-0883-BAS-WVG

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT’s

MOTION TO DISMISS

CITY OF SAN DIEGO, et al., (ECF No. 33) Defendants. 16

Pending before the Court is Defendant the City of San Diego’s motion to partially dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 33.) Specifically, Defendant argues Plaintiff fails to adequately plead a violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101. The Court previously dismissed Plaintiff’s ADA claim with leave to amend. (ECF No. 25.) Plaintiff then filed his Second Amended Complaint. (“SAC”, ECF No. 29.) Defendant again moves to dismiss Plaintiff’s ADA claim. (ECF No. 33.) Having considered the parties’ filings and for the reasons herein, the Court GRANTS IN PART AND DENIES IN PART Defendant’s motion to dismiss. 27…

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