Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-03711-PJH Plaintiff,

v. ORDER DENYING DEFENDANT’S

MOTION TO DISMISS

MARSO LLC, Re: Dkt. No. 12 Defendant.

13 Before the court is defendant’s motion to dismiss plaintiff’s complaint. The matter is fully briefed and suitable for decision without oral argument. Accordingly, the hearing set for October 7, 2021, is VACATED. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby rules as follows. I. BACKGROUND As alleged in the complaint, plaintiff Brian Whitaker “is a California resident with physical disabilities. He is substantially limited in his ability to walk. He suffers from a C-4 spinal cord injury. He is a quadriplegic. He uses a wheelchair for mobility.” Compl. ¶ 1. Defendant Marso, LLC, owned restaurant Vitality Bowls located at or about 835 Middlefield Rd, Redwood City, California, in…