Love

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 SAMUEL LOVE, Case No. 20-cv-02071-PJH (AGT)

Plaintiff,

REPORT AND RECOMMENDATION

v. TO DENY PLAINTIFF’S MOTION FOR

DEFAULT JUDGMENT

RAED MUSTAFA, Re: Dkt. No. 19 Defendant.

Samuel Love alleges that Raed Mustafa violated the Americans with Disabilities Act when he “failed to provide wheelchair accessible sales counters” at his clothing store. Compl. ¶ 10. To successfully plead this claim, Love needs to describe in his complaint “how the counters prevented [him] from full and equal access” to the store. Whitaker v. Tesla Motors, Inc., No. 19-56497, --- F.3d ----, 2021 WL 235777, at *3 (9th Cir. Jan. 25, 2021) (“Were the service counters too low? Or too high? Were they positioned in an area that was inaccessible for another reason?”). Love’s complaint is silent in this regard, which means his claim is not well pleaded. See id. (affirming dismissal of ADA claim at the pleading stage based on allegations materially identical to those 19 …