Whitaker
Whitaker v. Starbucks Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 BRIAN WHITAKER, Case No. 19-cv-07182-YGR
Plaintiff,
ORDER DENYING DEFENDANT STARBUCKS
v. CORPORATION’S MOTION TO DISMISS
STARBUCKS CORPORATION, ET AL., Re: Dkt. No. 10 Defendants.
9 Plaintiff Brian Whitaker brings this action against defendants Starbucks Corporation (“Starbucks”) and Does 1-10. Whitaker alleges two causes of action: (1) violation of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. section 12101, et. seq.; and (2) violation of the Unruh Civil Rights Act, Cal. Civ. Code. Sections 51-53 (“Unruh Act”). Now pending before the Court is Starbucks’ motion to dismiss Whitaker’s complaint pursuant to Rule 12(b)(1) and (b)(6). (Dkt. No. 19.) Having carefully considered the pleadings and the papers submitted,1 and for the reasons set forth more fully below, the Court hereby DENIES the motion. The Court is guided by established precedent in the Rule 12(b) context: a complaint must plead “enough facts to…