Whitaker
Whitaker v. Gundogdu, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 BRIAN WHITAKER, Case No. 21-cv-03132-JSC
Plaintiff,
ORDER RE: MOTION TO DISMISS
v. 10 Re: Dkt. No. 24 GUNDOGDU, INC., Defendant.
13 Brian Whitaker brings this lawsuit under the Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act (“Unruh Act”), alleging that he encountered barriers during a visit to Gundogdu, Inc.’s establishment, Van Ness Café & Gyros. Now before the Court is Defendant’s motion to dismiss the ADA and Unruh Act claims for lack of subject matter jurisdiction. (Dkt. No. 24.2) After carefully considering the parties’ briefs and the relevant legal authority, the Court GRANTS the motion to dismiss. As Plaintiff’s ADA claim is moot it must be dismissed. In light of that dismissal, the Court declines to exercise supplemental jurisdiction of the Unruh Act claim. BACKGROUND As alleged in the complaint, Plaintiff is a C-4 quadriplegic who uses a wheelchair for mobility. (Complaint ¶…