Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-04336-HSG

Plaintiff, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 16 JONALYN MONTIEL NGUYEN, Defendant.

12 Pending before the Court is Defendant Jonalyn Montel Nguyen’s motion to dismiss. Dkt. No. 16. 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 detailed below, the Court DENIES the motion. I. BACKGROUND On June 8, 2021, Plaintiff Brian Whitaker filed this case against Defendant, who owns Prettybby Beauty in Milpitas, California. Dkt. No. 1. Plaintiff amended the complaint on July 30, 2021. See Dkt. No. 15 (“FAC”). Plaintiff, a quadriplegic who uses a wheelchair for mobility, alleges that he went to the shop in May 2021 and purchased “over $100 [] worth of products.” See id. at ¶ 8. However, Plaintiff alleges that at the time, the sales counter was 43 inches tall, and …