Hernandez
Hernandez v. Sandhu Brothers Liquor Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division GERARDO HERNANDEZ, Case No. 20-cv-07432-LB
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS FOR MOOTNESS WITHOUT
PREJUDICE
SANDHU BROTHERS LIQUOR INC., et al., Re: ECF No. 15 15 Defendants. 16 INTRODUCTION Plaintiff Gerardo Hernandez — who uses a wheelchair for mobility — encountered barriers at Mission Food & Liquor in the form of a lack of accessible parking and a route of travel to the business’s entrance that had uneven asphalt and an improperly configured ramp. He sued the defendants, claiming violations of the Americans with Disabilities Act (ADA) and California law.1 The defendants moved to dismiss under Federal Rules of Civil Procedure 12(b)(1) on the ground that the ADA claim is moot because it remediated the barriers.2 The court denies the motion to dismiss for mootness in part because the declarations do not establish…