Whitaker

Whitaker v. Kundura, Inc.

Good Law
United States District Court, Northern District of CaliforniaOctober 28, 20223:21-cv-07973California811 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-07973-EMC

Plaintiff,

ORDER TO SHOW CAUSE

v. Docket No. 32 KUNDURA, INC., Defendant.

12 13 Plaintiff Brian Whitaker has sued Defendant Kundura, Inc. for violations of Americans with Disabilities Act and the California Unruh Civil Rights Act. In his complaint, Mr. Whitaker alleges that he is a quadriplegic and uses a wheelchair for mobility. See Compl. ¶ 1. He also alleges that, in September 2021, he visited a store owned by Kundura – called Paolo Shoes – and encountered barriers. See Compl. ¶ 8. For example, there were no wheelchair accessible sales counters. See Compl. ¶ 10. According to Mr. Whitaker, he “will return to Paolo Shoes to avail himself of its goods or services and to determine compliance with the disability access laws once it is represented to him that Paolo Shoes and its facilities are accessible.” Compl. ¶ 20. Currently, Mr. Whitaker has a motion for default judgment pending with the…

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