Whitaker
Whitaker v. Oak and Fort Enterprise (U.S.), Inc
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
BRIAN WHITAKER,
Case No. 5:21-cv-00668-EJD Plaintiff, ORDER DENYING MOTION TO v. DISMISS; SUA SPONTE DISMISSING UNRUH ACT CLAIM WITHOUT
OAK AND FORT ENTERPRISE (U.S.), PREJUDICE
INC, Re: Dkt. Nos. 24, 25 Defendant.
Plaintiff Brian Whitaker (“Plaintiff”) filed this action against Oak and Fort Enterprise (U.S.), Inc (“Defendant”) for violations of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq., and the Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51– 53, based on an allegedly inaccessible sales counter at the Oak + Fort located at or about 2855 Stevens Creek Blvd, Santa Clara, CA 95050 (“Store”). Pending before the Court is Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction. Def.’s Notice of Mot. and Mot. to Dismiss Pl.’s Compl. for Lack of Subject Matter Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1),…