Organization for the Advancement of Minorities With Disabilities Suing on Behalf of Its Members v. Brick Oven Restaurant
Opinion
Opinion
Gonzalez, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS
[Doc. No. 5.]
Presently before the Court is the motion of defendants Barney Scardino and Mary Scardino (collectively “defendants”) to dismiss the complaint for lack of subject matter jurisdiction. For the following rea sons, the Court grants in part and denies in part defendants’ motion.
BACKGROUND
A. Factual Background
Plaintiff David Singletary uses a wheelchair for mobility because he is a paraplegic and unable to walk. (David Singletary Declaration ISO Opp. ¶ 3.) Defendants, through the Barney L. & Mary L. Scardi-no Trust, own the real property located at 915 S. Escondido Boulevard, Escondido, California 92025. (ComplA 3.) Defendants’ real property houses The Brick Oven Restaurant (the “restaurant”). Id.
On July 7, 2004, Singletary patronized the restaurant. (Comply 9.) As a result of Singletary’s disability, he found it difficult to utilize the goods and services the restaurant offered. Singletary complains that the restaurant did not comply with the Americans with Disabilities Act of 1990 (“ADA”) Guidelines for Buildings and Facilities. Id. at 10. Singletary claims to have personally encountered…