Whitaker
Whitaker v. Peet's Coffee, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BRIAN WHITAKER, Plaintiff, No. C 21-07055 WHA
v.
PEET’S COFFEE, INC., ORDER GRANTING MOTION TO
DISMISS
Defendant.
15 INTRODUCTION In this action under Title III of the Americans with Disabilities Act, defendant moves to dismiss for lack of subject-matter jurisdiction under FCRP 12(b)(1). For the reasons that follow, the motion is GRANTED. STATEMENT Plaintiff is a quadriplegic and uses a wheelchair (Compl. ¶ 1). In August 2021, plaintiff visited Peet’s Coffee in Burlingame, California, to test its compliance with disability access law (id. ¶ 8). Plaintiff alleges he encountered inaccessible outdoor dining surfaces during his visit (id. ¶ 10–14). He further alleges that he will return to Peet’s Coffee once it is in compliance with disability access law but he is currently deterred from doing so (id. ¶ 20). Plaintiff has submitted a declaration and a prior order…