Whitaker
Whitaker v. Uma & Tej Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
6 BRIAN WHITAKER, Case No.: 21-cv-6673-YGR 7 Plaintiff, AMENDED ORDER DENYING MOTION TO DISMISS AND TO STRIKE vs. Re: Dkt. No.
UMA & TEJ INC.,
10 Defendant. 11 Plaintiff Brian Whitaker brings this action against defendant Uma & Tej, Inc., the alleged owner of the restaurant Biryani Kabab in Oakland, California. Plaintiff alleges two causes of action: (1) violation of the American Disabilities Act of 1990 (“ADA”), 42 U.S.C. section 12101, et. seq.; and (2) violation of the Unruh Civil Rights Act, Cal. Civ. Code Section 51-53 (“Unruh Act”). Now pending before the Court is defendant’s motion to dismiss the complaint pursuant to Rule 12(b)(1) and 12(b)(6). Additionally, defendant requests that the Court strike plaintiff’s prayer for statutory minimum damages on the basis that the Unruh Act’s statutory minimum damages provision is unconstitutional under the Supremacy Clause. Having carefully considered the pleadings and the papers submitted, and for…