Birdwell
Birdwell v. Avalonbay Communities, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SARAH BIRDWELL, Case No. 21-cv-00864-JST
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS
AVALONBAY COMMUNITIES, INC., Re: ECF No. 44 Defendant.
12 Before the Court is Defendant AvalonBay Communities, Inc.’s (“AvalonBay”) motion to dismiss. ECF No. 44. The Court will grant the motion in part and deny it in part. I. BACKGROUND1 A. Factual Background Plaintiff Sarah Birdwell “lives with a medical condition that causes her to be very weak in her extremities.” ECF No. 43 ¶ 4. She “uses a power wheelchair for ambulation and has limited use of her arms and hands.” Id. Further, Birdwell is unable to “walk, lift, pull, or perform activities of daily living in the same manner and with the same function as other people.” Id. Because of this condition, Birdwell needs a home health aide for at least 15 hours per day. Id. Avalon Walnut Creek is an apartment complex in Walnut…