Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03039-HSG

Plaintiff, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 23 ZAHRA NOWROUZI, et al., Defendants.

12 Pending before the Court is Defendants Zahra Nowrouzi’s and Rouhollah R. Nowrouzi’s motion to dismiss. Dkt. No. 23. The Court finds this matter appropriate for disposition without oral argument and the matter is deemed submitted. See Civil L.R. 7-1(b). For the reasons discussed below, the Court DENIES the motion. I. BACKGROUND On April 27, 2021, Plaintiff Brian Whitaker filed this action against Defendants, who own the Café Rio restaurant in Berkeley, California. Dkt. No. 1 (“Compl.”). Plaintiff, a quadriplegic who uses a wheelchair for mobility, alleges that he went to the restaurant in April 2021 “with the intention to avail himself of its goods or services motivated in part to determine if the defendants comply with the disability access laws.” Id. at ¶ 8. However,…