Whitaker

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 4:21-CV-3135-YGR

Plaintiff, ORDER GRANTING IN PART AND DENYING IN

PART DEFENDANT’S MOTION TO DISMISS

vs.

TESLA MOTORS, INC.,

Defendant. Re Dkt. No.

12 Defendant filed a motion to dismiss plaintiff’s request for nominal damages and California Unruh Act cause of action on complaint on June 7, 2021. (Dkt. No. 12.) The motion was heard by the Court on September 28, 2021 by videoconference. Having carefully considered the briefing and arguments submitted in this matter, and for the reasons set forth in full detail on the record, the motion to dismiss is GRANTED IN PART AND DENIED IN PART. As explained during the hearing, the Court GRANTS the motion to dismiss with respect to 20 plaintiff’s request for nominal damages. The law is clear that only injunctive relief is available as a 21 remedy for a private plaintiff under Title III of the Americans with Disabilities Act (“ADA”). See 22 Wander v. Kaus, 304…