Whitaker

Whitaker v. KK LLC

Good Law
United States District Court, Northern District of CaliforniaApril 29, 20213:20-cv-06877California3,025 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 20-cv-06877-MMC

Plaintiff, ORDER GRANTING DEFENDANT'S v. MOTION TO DISMISS; DISMISSING

FIRST AMENDED COMPLAINT

KK LLC, WITHOUT LEAVE TO AMEND Defendant.

12 Before the Court is defendant KK LLC’s (“KK LLC”) Motion, filed April 16, 2021, “to Dismiss Plaintiff’s First Amended Complaint.” Plaintiff Brian Whitaker (“Whitaker”) has filed opposition, to which KK LLC has replied. Having considered the papers submitted in support of and in opposition to the motion, the Court rules as follows.1 BACKGROUND Whitaker, a quadriplegic who uses a wheelchair for mobility, alleges he “planned on making a trip in September of 2020 to the San Francisco area” (see First Am. Compl. (“FAC”) ¶¶ 1, 14), and, in “seeking to book an accessible room,” visited the “website reservation site” (“Website”) for the Ramada Limited Hotel (“Hotel”), located at 721…

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