Garcia

Garcia v. The D & C Lee Third Limited Partnership

Good Law
United States District Court, Northern District of CaliforniaJuly 27, 20223:22-cv-00914California1,431 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 ORLANDO GARCIA, Case No. 22-cv-00914-MMC

Plaintiff, ORDER GRANTING DEFENDANTS' v. MOTION TO DISMISS

THE D & C LEE THIRD LIMITED PARTNERSHIP, et al., 11 Defendants.

12 Before the Court is a Motion to Dismiss, filed June 9, 2022, by defendants The D & C Lee Third Limited Partnership, D & C Lee Management, LLC (collectively, "D & C Defendants"), and Las Lunas, Inc. ("Las Lunas"). No opposition has not been filed. Having read and considered the papers filed in support of the motion, the Court rules as follows.1 In the operative complaint, the First Amended Complaint ("FAC"), plaintiff Orlando Garcia ("Garcia"), who states he has "Cerebral Palsy" and "cannot walk" (see FAC ¶ 1), alleges that, in January 2022, he visited the Los Primos Meat Market, located in San Bruno, California,2 where he encountered "barriers" (see FAC ¶¶ 5, 10) he describes as the lack of "accessible" sales counters, paths of travel, and door hardware…

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