Garcia
Garcia v. Quong Fook Tong
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ORLANDO GARCIA,
Case No. 21-cv-05539-JCS Plaintiff, 8 v. ORDER TO SHOW CAUSE
QUONG FOOK TONG,
10 Defendant.
12 Plaintiff in this case asserted claims under California’s Unruh Act and Title III of the Americans with Disabilities Act (“ADA”) based on accessibility violations in connections with a business located at 751 Clay Street, San Francisco CA, called Tarta’s Secret. The Court declined to exercise supplemental jurisdiction over Plaintiff’s state law claim, leaving only the ADA claim. Although Plaintiff contends the business was open when he visited it in June 2021, the pictures he produced in his initial disclosures reflect that on July 26, 2021 – the date his investigator visited the business, see Whang Decl., Ex. A (dkt. no. 16-3) – the business was boarded up and closed. Because the only remedy available to Plaintiff under Title III of the ADA is injunctive relief, the permanent closure of Tarta’s Secret would render prospective relief moot…