Whitaker
Whitaker v. Nick The Greek Santa Clara LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 BRIAN WHITAKER, Case No. 21-cv-09338-BLF
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS
NICK THE GREEK SANTA CLARA LLC, [Re: ECF 14] Defendant.
12 Before the Court is Defendant Nick The Greek Santa Clara LLC’s (“Defendant”) Motion to Dismiss Plaintiff Brian Whitaker’s Americans with Disability Act (“ADA”) and California Unruh Act claims under Federal Rule of Civil Procedure 12(b)(1). Defendant owns a restaurant in Santa Clara, California that Plaintiff allegedly visited in November 2021 to find that the restaurant did not have wheelchair accessible outside dining surfaces. See Complaint, ECF 1 ¶¶ 8–14. Plaintiff, a C-4 quadriplegic who uses a wheelchair for mobility, sued Defendant for failure to reasonably accommodate his disability under (1) the ADA, 42 U.S.C. § 12101, et seq and (2) California’s Unruh Act, Cal. Civ. Code §§ 51–53. See id. ¶¶ 1, 22–32. …