Garcia
Garcia v. Delatorre Properties LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ORLANDO GARCIA, Case No. 21-cv-09236-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v. 8 Re: Dkt. No. 14 DELATORRE PROPERTIES LLC, et al., Defendants.
11 The motion to dismiss, Dkt. No. 14, is suitable for decision without oral argument pursuant to Civil Local Rule 7-1(b). The parties’ familiarity with the record is assumed, and the motion is denied. The hearing set for February 24, 2022, is vacated. Garcia has Article III standing to sue. “An ADA plaintiff can demonstrate a cognizable injury by showing that [he intends] ‘to return to a noncompliant accommodation and is therefore likely to reencounter a discriminatory architectural barrier’ or ‘when discriminatory architectural barriers deter him from returning to a noncompliant accommodation.’” Strojnik v. 574 Escuela, LLC, No. 3:18-CV-06777-JD, 2020 WL 1557434, at *3 (N.D. Cal. Mar. 31, 2020) (quoting Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 950 (9th Cir. 2011)). Garcia alleges that “he wanted to…