Filho
Filho v. Chinatown Community Development Center, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ROBERTO FILHO, Case No. 21-cv-05664-WHO
Plaintiff,
ORDER CONVERTING MOTION TO
v. DISMISS INTO MOTION FOR
SUMMARY JUDGMENT
CHINATOWN COMMUNITY DEVELOPMENT CENTER, INC., Re: Dkt. No. 57 10 Defendant.
11 Defendant Chinatown Community Development Center (“CCDC”) moves to dismiss the Second Amended Complaint (“SAC”) filed by pro se plaintiff Roberto Filho, who alleges that CCDC violated the Fair Housing Act (“FHA”) by refusing to refer his request for a new apartment to another housing agency and thus, failing to accommodate his disability. The dispositive question is whether CCDC in fact has a contract or any sort of relationship with that other housing agency under which it forwards such requests, so that it might plausibly be liable under the FHA. CCDC has proffered evidence showing that no such contract exists. Accordingly, I will CONVERT this motion to dismiss into one for summary judgment under Federal Rule of Civil Procedure…