Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03046-HSG Plaintiff, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 12 ZAC ENTERPRISE LLC, Defendant. 12 Pending before the Court is Defendant Zac Enterprise LLC’s motion to dismiss. Dkt. No. 12. 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 case against Defendant, which owns Yin Ji Chang Fen 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 20201 “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, Plaintiff alleges that the…