Arroyo
Arroyo v. Club Donatello Owners Association
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAFAEL ARROYO, Case No. 21-cv-00998-DMR
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
CLUB DONATELLO OWNERS Re: Dkt. No.
ASSOCIATION,
11 Defendant. 12 Plaintiff Rafael Arroyo is an individual with a disability. He filed this case alleging that Defendant Club Donatello Owners Association (“Club Donatello”) violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. and California’s Unruh Civil Rights Act, California Civil Code section 51. Club Arroyo now moves pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss Arroyo’s amended complaint. [Docket No. 16.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, Club Donatello’s motion is denied. I. BACKGROUND Arroyo is a paraplegic who uses a wheelchair for mobility. [Docket No. 13 (Am. Compl.) ¶ 1.] Club Donatello is a non-profit corporation that “owns and operates The…