Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-00679-EMC

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS WITH LEAVE

TO AMEND

JOSE A MONTES, et al., Docket No. 8 Defendants.

12 13 Plaintiff Brian Whitaker has sued Villa Montes Hotel, L.P. (the “Hotel”) and its owners for violations of the federal Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act. As in other cases that have been filed by Mr. Whitaker or another individual represented by the same counsel, the main issue is whether Defendants have violated an ADA regulation, 28 C.F.R. § 36.302(e)(1)(ii) which provides in relevant part as follows:

A public accommodation that owns, leases (or leases to), or operates a place of lodging shall, with respect to reservations made by any means, including by telephone, in-person, or through a third party –

. . . .

(ii) [i]dentify and describe accessible…