Brooks

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 VALERIE BROOKS, individually and No. 2:20-cv-01236-MCE-DB on behalf of all others similarly situated, 12 Plaintiff, MEMORANDUM AND ORDER v. 14 SEE’S CANDIES, INC., a California corporation; and DOES 1 to 10, inclusive, 16 Defendants. 17 Through the present action, Plaintiff Valerie Brooks, who is legally blind, seeks redress from Defendant See’s Candies, Inc. (“Defendant” or “See’s”) on grounds that Defendant’s website is not fully accessible to the visually impaired and therefore violates both the Americans with Disabilities Act, 42 U.S.C. §§ 12181, et seq. (“ADA”) and California’s Unruh Civil Rights Act, California Civil Code §§ 51, et seq. Plaintiff also seeks class-wide relief, including injunctive relief, statutory damages, and attorney’s fees and costs, on behalf of all others similarly situated. Presently before the Court is Defendant’s Motion to Dismiss Plaintiff’s Complaint, made pursuant to Federal Rule of Civil Procedure 12(b)(6),1 on grounds that said 27 1…