Garcia

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 ORLANDO GARCIA, Case No. 21-cv-04575-CRB

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS, TO DECLARE PLAINTIFF A

VEXATIOUS LITIGANT, TO IMPOSE

PETER J. BECK, et al., SANCTIONS, AND TO DECLINE

SUPPLEMENTAL JURISDICTION

Defendants.

Plaintiff Orlando Garcia, an individual with physical disabilities who uses a wheelchair, brought suit against Defendants Peter J. Beck, Regia Beck, and Lola’s Chicken Shack, LLC for violation of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. See Comp. (dkt. 1). The case stems from a visit Garcia made to Lola’s Chicken Shack, a restaurant in Alameda, California, in May of 2021. Id. ¶¶ 5, 10. Garcia alleges that, on the date of his visit, the restaurant failed to provide wheelchair accessible paths of travel and failed to provide wheelchair accessible outside dining surfaces. Id. ¶¶ 12–14, 17–19. Garcia alleges that he visited the restaurant “with…