Whitaker

Whitaker v. Giovannotto

Good Law
United States District Court, Northern District of CaliforniaSeptember 29, 20223:21-cv-03142California3,128 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03142-TSH

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS; ORDER SETTING CMC

SALVATORE GIOVANNOTTO, et al., Re: Dkt. Nos. 41, 46 Defendants.

12 I. INTRODUCTION Plaintiff Brian Whitaker brings this action for violations of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (“ADA”), and the California Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53, against Defendants Salvadore Giovannotto, Stella Giovannotto, and Torres & Prado Corp. He alleges he encountered dining surfaces that weren’t wheelchair accessible at Sanchos Taqueria, located in Palo Alto, California. Defendants move to dismiss under Federal Rule of Civil Procedure 12(b)(1), arguing Whitaker lacks standing to pursue his claims. ECF No. 41. Whitaker filed an Opposition (ECF No. 50) and Defendants filed a Reply (ECF No. 52). The Court finds this matter suitable for disposition…

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