Gomez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDRES GOMEZ, Case No. 21-cv-09554-SI

Plaintiff,

ORDER DISMISSING ADA CLAIM

v. WITHOUT LEAVE TO AMEND AND

DISMISSING UNRUH ACT CLAIM

LESTI REAL ESTATE, INC., WITHOUT PREJUDICE Defendant.

12 On April 26, 2022, the Court directed plaintiff to file a sworn declaration asserting the factual basis for his standing under the Americans with Disabilities Act, namely, (1) whether he intends to visit defendant’s physical location, assuming one exists, or (2) whether he was deterred from accessing the services offered by defendant’s (assumed) physical location, i.e., the sale of real estate. Dkt. No. 23. As explained in the Court’s order, Ninth Circuit law requires standing under either of those two grounds to bring an ADA claim based on a website. Id. at 1-2. Plaintiff filed a sworn declaration on May 6, 2022. Dkt. No. 25. The submitted declaration is identical to the declaration plaintiff filed in Gomez v. Skip…