Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03083-EMC

Plaintiff,

ORDER DENYING DEFENDANTS’

v. MOTION TO DISMISS

2008 SHATTUCK AVE, LLC, et al., Docket No. 14 Defendants.

12 13 Plaintiff Brian Whitaker has filed suit against Defendants 2008 Shattuck Ave, LLC and Chahat. Chahat owns a restaurant, called Barbarian Grub and Ale, located at 2012 Shattuck Avenue in Berkeley. Shattuck owns the real property where the restaurant is located. According to Mr. Whitaker, Defendants have violated both the Americans with Disabilities Act (“ADA”) and the Unruh Civil Rights Act. Currently pending before the Court is Defendants’ motion to dismiss. Having considered the parties’ briefs, as well as the oral argument of counsel, the Court hereby DENIES the motion. In the instant case, Defendants make two arguments in support of their 12(b)(6) motion: (1) dismissal is required by Whitaker v. Tesla Motors, Inc., 985 F.3d 1173, 1177 (9th Cir.…