Sepulveda
Sepulveda v. Ole's Waffle Shop
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD SEPULVEDA, Case No. 20-cv-00400-DMR
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
OLE’S WAFFLE SHOP, et al., Re: Dkt. No. 77 Defendants.
Plaintiff Richard Sepulveda is an individual with a disability. He filed a complaint against Defendants Ole’s Waffle Shop, Douglas F. Durein, and Susan C. Durein alleging violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act. Defendants now move pursuant to Federal Rule of Civil Procedure 12(b)(1) to dismiss the amended complaint for lack of subject matter jurisdiction, arguing that Sepulveda’s ADA claims are moot and that the court should decline to exercise jurisdiction over the Unruh Act claims. [Docket No. 77.] This matter is suitable for resolution without a hearing. Civ. L.R. 7-1(b). For the following reasons, the motion is granted. I. BACKGROUND Sepulveda makes the following allegations in the operative…