Gomez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDRES GOMEZ, Case No. 21-cv-09574-EMC

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS

DAVID P. COMO DBA NAPA VALLEY Docket No.

REAL AND VINEYARDS,

11 Defendant. 12 13 I. INTRODUCTION Plaintiff Andres Gomez is legally blind and cannot use a computer without assistance of screen-reader software (“SRS”). Gomez brought this suit under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”) against David Como, a real estate agent, allegedly doing business as Napa Valley Real Estate and Vineyards. Gomez alleges he was unable to use SRS to navigate a website owned and operated by Como. Como moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), asserting facial and factual attacks on Gomez’s standing. Docket No. 15 (“MTD”). Gomez’s complaint fails to plead a nexus between the website and a physical place of public accommodation, and…