Whitaker
Whitaker v. Sherwood Management Co., Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
BRIAN WHITAKER,
Case No. 21-cv-04301-EJD Plaintiff, 8 v. ORDER GRANTING MOTION TO DISMISS
SHERWOOD MANAGEMENT CO., INC.,
Re: Dkt. No. 20 Defendant.
Plaintiff Brian Whitaker brings this action against Defendant Sherwood Management Co., Inc. for violations of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51-53. See Compl., Dkt. No. 1. Defendant moves to dismiss the ADA claim (Cause of Action 1) as moot and for failure to state a claim. Dkt. No. 20 at 6; see Oliver v. Ralphs Grocery Co., 654 F.3d 903, 905 (9th Cir. 2011) (“Because a private plaintiff can sue only for injunctive relief . . ., a defendant’s voluntary removal of alleged barriers prior to trial can have the effect of mooting a plaintiff’s ADA claim.”). The motion was heard on June 30, 2022. Based on…