Whitaker

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03291-MMC

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

FIRST AMENDED COMPLAINT WITH

INDEPENDENCE MENLO HOTEL LEAVE TO AMEND

OWNER, LLC,

11 Defendant. 12 Before the Court is defendant Independence Menlo Hotel Owner, LLC’s (“Independence”) motion, filed July 12, 2021, to dismiss plaintiff Brian Whitaker’s (“Whitaker”) First Amended Complaint (“FAC”). Whitaker has filed opposition, to which Independence has replied. Having read and considered the papers filed 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 that, in April 2021, he visited Hotel Nia (“Hotel”), located at 200 Independence Dr., Menlo Park, California, “with the intention to avail himself of its goods or services.” (See First Am. Compl. (“FAC”) ¶¶ 1, 10.) …