Whitaker
Whitaker v. TJ Technology LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-09655-WHO
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS
TJ TECHNOLOGY LLC, Re: Dkt. No. 14 Defendant.
12 Defendant TJ Technology LLC (“TJ Technology”) moves to dismiss a complaint brought by plaintiff Brian Whitaker, alleging that TJ Technology violated the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act by not providing a wheelchair-accessible sales counter at a cell phone repair shop. The motion is DENIED. Whitaker has sufficiently alleged, at this early stage, that he intends to return to the shop, thereby establishing standing. BACKGROUND Whitaker, who uses a wheelchair, alleges that in November 2021, he visited Fix Bee, a cell phone repair shop that TJ Technology owns in San Bruno. Compl. [Dkt. No. 1] ¶¶ 1-2, 8. Whitaker contends that on the day he visited Fix Bee, it did not have a wheelchair-accessible sales …