Martin
IXL Learning, Inc. v. Martin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 IXL LEARNING, INC., Case No. 3:20-cv-02940-JD Plaintiff, 8 v. ORDER RE MOTION TO DISMISS
Re: Dkt. Nos. 10, 11 DOMINICK MARTIN, Defendant.
12 Plaintiff IXL Learning (IXL), an online education company, filed a complaint under the Declaratory Judgment Act, 28 U.S.C. § 2201, in response to a pre-suit demand letter from defendant Dominick Martin. The letter alleged that IXL’s website was not accessible to the visually impaired, in violation of the Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act. Dkt. No. 1. IXL filed the complaint one day before Martin filed a lawsuit in the California Superior Court in Los Angeles alleging a disability discrimination claim solely under the Unruh Act. Martin seeks to dismiss IXL’s complaint on several grounds, and to strike the complaint under Cal. Civ. Proc. Code § 425.16. Dkt. Nos. 10, 11. The Court declines to take up the declaratory relief claim, and the case is dismissed in favor of resolution…