UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03714-JCS
Plaintiff,
ORDER REGARDING MOTION TO
v. DISMISS
RAMON BRAVO, INC., Re: Dkt. No. 19 Defendant.
I. INTRODUCTION Plaintiff Brian Whitaker brings this case under the federal Americans with Disabilities Act (the “ADA”) and California’s Unruh Civil Rights Act, asserting that Defendant Ramon Bravo, Inc. (“Bravo”) failed to provide wheelchair-accessible facilities. Bravo moves to dismiss Whitaker’s complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure and, in the alternative, asks the Court to decline to exercise supplemental jurisdiction over the Unruh Act claim. The Court held a hearing on September 10, 2021. For the reasons discussed below, Bravo’s motion is DENIED.1 II. BACKGROUND Because a plaintiff’s allegations are generally taken as true on a motion to dismiss under Rule 12(b)(6), this order summarizes Whitaker’s allegations as if true. …