Gomez

Gomez v. Trinitas Cellars, LLC

Good Law
United States District Court, Northern District of CaliforniaMarch 9, 20223:21-cv-09006California2,075 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDRES GOMEZ, Case No. 3:21-cv-09006-WHO Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS TRINITAS CELLARS, LLC, Re: Dkt. No. 11 Defendant. 11 12 Plaintiff Andres Gomez attempted to access the website of a winery owned by defendant Trinitas Cellars, LLC (“Trinitas”). Gomez is legally blind and alleges that certain aspects of the website are inaccessible to him in violation of the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act. Trinitas moves to dismiss. Gomez has not pleaded how the aspects of the website he singles out deterred him from full and equal enjoyment of the winery, so he has not stated a claim. The motion is GRANTED WITH LEAVE TO AMEND. BACKGROUND Gomez is “legally blind” and uses screen-reader software (“SRS”) to navigate websites. Complaint (“Compl.”) [Dkt. No. 1] ¶ 1. Trinitas owned and operated a winery in Napa, California, during the events in question.…

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