Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ORLANDO GARCIA, Case No. 21-cv-05081-SI

Plaintiff,

ORDER CONVERTING PLAITNIFFS’

v. MOTION TO DISMISS INTO MOTION

FOR SUMMARY JUDGMENT AND

JACK DUDUM, et al., SETTING ADDITIONAL DEADLINES

AND BRIEFING

Defendants. Re: Dkt. No. 17, 34 12 Plaintiff Orlando Garcia sues (1) defendant Jack and Sylvia Dudum, in their individual and representative capacity as trustee/owners of the real property at 2412 Webb Avenue, Alameda, California (“the Property”) and (2) defendant Michael Lee, owner of the Sandwich Board located at the Property. Dkt. No. 1 at ¶¶ 2-3. Plaintiff alleges various barriers to accessibility at the Property under the Americans with Disabilities Act (“ADA”) and California state law. Before the Court is defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(3). Defendant argues (1) plaintiff should be declared a vexatious litigant, (2) the ADA claims should be dismissed…