Cervantes

Cervantes v. 546 Holding Co., LLC

Good Law
United States District Court, Eastern District of CaliforniaMarch 3, 20232:22-cv-00890California2,095 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 DANIEL CERVANTES, an individual, No. 2:22-CV-00890-JAM-KJN Plaintiff, v. ORDER DENYING MOTION TO

DISMISS

546 HOLDING CO., LLC, d/b/a TAMARINE, a California limited liability company; and DOES 1 to 10, inclusive, 14 Defendants. 15 546 Holding Co., LLC (“Defendant”) moves the Court to dismiss Daniel Cervantes’s (“Plaintiff”) first amended complaint (“FAC”) for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. See Mot. to Dismiss (“Mot.”), ECF No. 17. Plaintiff opposed the motion. See Opp’n, ECF No. 20. Defendant replied. See Reply, ECF No. 21. For the reasons set forth below, this Court DENIES Defendant’s motion to dismiss.1 I. FACTUAL ALLEGATIONS Plaintiff is a visually impaired and legally blind individual who requires screen-reading software to read online

1 This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R.…

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