Whitaker

Whitaker v. Chan

Good Law
United States District Court, Northern District of CaliforniaJune 2, 20223:21-cv-02445California3,373 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division BRIAN WHITAKER, Case No. 21-cv-02445-LB

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

HELEN V. CHAN, et al., Re: ECF No. 29 Defendants. 16 INTRODUCTION This is a disability-access case. The plaintiff has asserted claims under the Americans with Disabilities Act of 1990 (ADA) and California’s Unruh Civil Rights Act (Unruh Act) based on his alleged inability to access a hair salon.1 The defendants own the property where the offending hair salon once operated.2 The defendants ask the court to dismiss the plaintiff’s claims as moot because the business has closed permanently.3 The plaintiff contends that he can maintain his claim for the following reasons: (1) the plaintiff’s prayer for nominal damages under the ADA means that the plaintiff can maintain his claim even if injunctive relief is not available; (2) the

1 Compl. – ECF…

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