Evans

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DEE ANN EVANS, et al., Case No. 19-cv-01207-VC

Plaintiffs,

ORDER RE MOTIONS TO DISMISS

v. Re: Dkt. Nos. 55, 58, 59, 61, 63 BIRD RIDES, INC., et al., Defendants.

All claims except those brought by Evans against Oakland, Richmond, Bird Rides, and Neutron Holdings are dismissed for lack of standing, with leave to amend. With respect to the remaining claims brought by Evans, Oakland and Richmond’s motion to dismiss is granted as to the claims under California Government Code section 4450 but denied in all other respects. Bird and Lime’s motion to dismiss is granted as to the claims under Government Code section 11135 but denied as to the claims based on the Disabled Persons Act and public nuisance. Although the Court is somewhat skeptical that Evans will be able to prove her allegations about the extent to which scooters are interfering with her access to public sidewalks in Oakland or Richmond, the Court must accept those allegations as true at this early stage in the case. Bell Atlantic Corp. v Twombly, 550 U.S. 544, 556 (2007). A. Standing 1. To satisfy Article III’s injury-in-fact requirement, the…