Warner

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WADE WARNER, Case No. 21-cv-05666-HSG

Plaintiff, ORDER GRANTING MOTION TO

DISMISS

v. Re: Dkt. No. 13 DENNIS DELANO, Defendant.

12 Pending before the Court is Defendant Dennis Delano’s motion to dismiss. Dkt. No. 13. 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 GRANTS the motion. I. BACKGROUND Plaintiff Wade Warner filed this action against Defendant on July 23, 2021, alleging violations of the Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act. See Dkt. No. 1 (“Compl.”). Plaintiff alleges that he attempted to shop at Defendant’s store, Fairfax Market, on May 30, 2021, but was denied access. See id. at ¶¶ 1–3, 8–11. Plaintiff states that Defendant would not permit Plaintiff to shop in the store because he was not wearing a mask. See id. at ¶ 9. …