Dwain Lammey v. Queenbee LLC

I. INTRODUCTION

18 Before the Court is Defendant Queenbee LLC’s Motion to Dismiss for failure to 19 state a claim. (Mot. to Dismiss (“Mot.”), ECF No. 13.)1 For the following reasons, 20 Queenbee’s Motion is GRANTED. 21

II. FACTUAL BACKGROUND

22 Plaintiff Dwain Lammey is a quadriplegic who uses a wheelchair for mobility. 23 (Compl. ¶ 1, ECF No. 1.) Queenbee owns real property located at 608 E. Manchester 24 Avenue, Los Angeles, California. (Compl. ¶ 2.) In March 2019, Lammey went to 25 Queenbee’s property to eat at a restaurant open to the public, motivated in part to 26 determine if Queenbee complied with disability access laws. (Compl. ¶ 8.) Lammey 27

28 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. 1 alleges that on the date of his visit, Queenbee did not provide accessible paths of 2 travel in conformance with the Americans with Disabilities Act (“ADA”) Standards. 3 (Compl. ¶ 11.) In a footnote in his Complaint, Lammey elaborates that “there was no 4 safe wheelchair accessible route of travel from the …