Garcia

Garcia v. Quong Fook Tong

Good Law
United States District Court, Northern District of CaliforniaApril 5, 20223:21-cv-05539California405 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ORLANDO GARCIA,

Case No. 21-cv-05539-JCS Plaintiff, 8 v. ORDER DENYING MOTION TO DISMISS AS MOOT AND DISMISSING

QUONG FOOK TONG, STATE LAW CLAIM

10 Defendant. Re: Dkt. No. 16

12 Plaintiff brings this action under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”), alleging that real property owned by Defendant does not meet the accessibility requirements of those statutes. Defendant filed a Motion to Dismiss (“Motion”), which was noticed for hearing on April 15, 2022. Instead of opposing the Motion, Plaintiff filed an amended complaint. Defendant asserts in his Reply brief that the amendment does not cure the defects identified in the Motion and therefore, the Court should grant the Motion and dismiss the amended complaint. The Local Rules do not allow the Court to grant the relief requested by Defendant, however, as the Motion does not…

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