Luong
Luong v. East Side Union High School District
Opinion
Lead Opinion
Davila, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS .
Re: Dkt. No.
In this action against Defendant East Side Union High School District (“Defendant”), Plaintiffs Alan Luong and Alexander Luong 1 , assert three causes of action: (1) violation of Title II of the .ADA, 42 U.S.C. § 12132 (2) violation of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (a), and (3) violation of California’s Unruh Civil Rights Act, Civil Code § 51 et seq. Defendant now moves to dismiss these claims under Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 13. Alan and Alex oppose. Dkt. No. 20. .
The court finds this motion suitable for decision without oral argument, and the hearing scheduled for July 13, 2017, will be vacated. Because Alan and Alex’s Complaint overcomes Defendant’s pleading challenges, the motion to dismiss will be denied for the reasons explained below.
*1048 I. BACKGROUND
Alan and Alex are twin brothers, who reached the age of majority in May, 2016. Compl., Dkt. No. 1, at ¶¶ 1, 2. They each have Autism and a speech and language impairment. Id. They are also “of average intelligence,” but have “severe academic, social and communication deficits.” Id. According to the…