Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-00679-EMC

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION TO DISMISS FIRST

AMENDED COMPLAINT

JOSE A MONTES, et al., Docket No. 29 Defendants.

12 13 14 Plaintiff Brian Whitaker, a disabled individual who uses a wheelchair for mobility, has sued Defendants Jose A. Montes, Maria G. Montes, and Villa Montes Hotel, L.P. (collectively, the “Hotel”). According to Mr. Whitaker, the Hotel does not comply with federal and state disability law because there is “insufficient information [on the Hotel website] about the accessible features in the ‘accessible rooms’ at the Hotel to permit him to assess independently whether a given hotel room would work for him.” FAC ¶ 18. Currently pending before the Court is the Hotel’s motion to dismiss the operative first amended complaint (“FAC”). Having considered the parties’ briefs and the oral argument of counsel, the Court hereby GRANTS the motion to…