Whitaker
Whitaker v. Avocado Toast Inc
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
BRIAN WHITAKER, Case No. 21-cv-09398-PJH Plaintiff,
v. ORDER DENYING DEFENDANT’S
MOTION TO DISMISS
AVOCADO TOAST INC, Re: Dkt. No. 13 Defendant.
13 Before the court is defendant’s motion to dismiss plaintiff’s complaint. The matter is fully briefed and suitable for decision without oral argument. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby rules as follows. I. BACKGROUND Plaintiff brought this lawsuit against defendant Avocado Toast Inc. on December 6, 2021. Dkt. 1 (“Compl.”). Plaintiff is an individual with physical disabilities who uses a wheelchair for mobility. Id. ¶ 1. Defendant owns the restaurant “Avocado Toast” located in San Mateo, California. Id. ¶¶ 2–3. Plaintiff alleges that he visited Avocado Toast in November 2021 and encountered physical barriers contrary to the Americans with Disabilities…