Brian Whitaker v. Mind Games, LLC

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 CV 20-11794-RSWL-M RWx BRIAN WHITAKER, ORDER re: Motion to Plaintiff, Dismiss for Lack of v. Subject Matter Jurisdiction [19]

MIND GAMES, LLC,

16 Defendant. 17 18 Plaintiff Brian Whitaker (“Plaintiff”) brought this 19 Action against Defendant Mind Games, LLC (“Defendant”) 20 alleging: (1) violation of the Americans with 21 Disabilities Act (“ADA”) of 1990, 42 U.S.C. § 12101; and 22 (2) violation of the Unruh Civil Rights Act (“Unruh 23 Act”), Cal. Civ. Code §§ 51-53. See generally Compl. ¶ 24 1, ECF No. 1. Currently before the Court is Defendant’s 25 Motion to Dismiss for lack of subject matter 26 jurisdiction (“Motion”) [19]. Having reviewed all 27 papers submitted pertaining to this Motion, the Court 28 NOW FINDS AND RULES AS FOLLOWS: the Court GRANTS

Defendant’s Motion. I. BACKGROUND Brian Whitaker (“Plaintiff”) is a quadriplegic and uses a wheelchair for mobility. Compl. ¶ 1. Mind Games, LLC (“Defendant”) owned a Mind Games retail store 7 …