Gomez

Gomez v. Miersch

Good Law
United States District Court, Northern District of CaliforniaMay 24, 20223:21-cv-08936California372 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 ANDRES GOMEZ, Case No. 21-cv-08936-CRB

Plaintiff,

ORDER DISMISSING WITH

v.

PREJUDICE

MATTHEW PAUL MIERSCH, Defendant.

Plaintiff Andres Gomez, a resident of Florida who is legally blind, alleged that Defendant Matthew Paul Miersch violated the Americans with Disabilities Act (ADA) because his website Napahomes.Com, a website that advertises real estate in Northern California, is not accessible to the visually impaired. Miersch moved to dismiss for lack of jurisdiction. Mot. (dkt. 15-1). On April 28, 2022, the Court granted the motion, finding that Gomez lacked standing for his federal claim. See Order Granting MTD (dkt. 21). The Court explained that Gomez “ha[d] not specifically pleaded that there [was] a physical place of accommodation associated with Napahomes.Com that he intended to visit, nor ha[d] he pleaded that the website prevented him from visiting that location.” Id. at 4. The Court held that Gomez lacked cognizable…

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