Whitaker

Whitaker v. Huynh

Good Law
United States District Court, Northern District of CaliforniaMay 11, 20223:21-cv-08021California533 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-08021-TSH

Plaintiff, ORDER TO SHOW CAUSE v.

GIAU M. HUYNH, Defendant.

12 Plaintiff Brian Whitaker brings this case under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq., and California’s Unruh Act, Cal. Civ. Code §§ 51-53, to compel Defendant Giau Huynh to provide accessible paths of travel, door hardware, and outdoor tables at Wellness Nails Care, located at 405 Arguello Blvd., San Francisco, California. ECF No. 1. However, Whitaker has now indicated that Huynh made structural changes and that these barriers no longer exist. See Pl.’s Status Reports, ECF No. 30 & 32. Under the ADA, plaintiffs may only seek injunctive relief and attorney’s fees. See 42 U.S.C. § 12188(a)(1); Newman v. Piggie Park Enters., Inc., 390 U.S. 400, 401–02 (1968). “Once a defendant has remedied all ADA violations complained of by a plaintiff, the plaintiff’s claims become moot and he or she…

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