Delacruz
Delacruz v. Tanimura & Antle, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DANIEL DELACRUZ, Case No. 23-cv-03034-VKD
Plaintiff,
ORDER GRANTING DEFENDANT
v. QUIRARTE'S MOTION TO DISMISS
FIRST AMENDED COMPLAINT
TANIMURA & ANTLE, INC., et al., Re: Dkt. No. 38 Defendants.
13 Plaintiff Daniel Delacruz, who is representing himself, filed this action against defendants Tanimura & Antle, Inc. (“TAI”), Mike Antle, and Carmen Ponce (collectively, “TAI defendants”) and Claudia Quirarte, asserting, among other things, unlawful disability discrimination under the Americans with Disabilities Act (“ADA”). Dkt. No. 1. On prior motions filed by Ms. Quirarte and the TAI defendants, the Court dismissed Mr. Delacruz’s complaint, with leave to amend only as to the ADA claim against Ms. Quirarte. See Dkt. Nos. 28, 29. Mr. Delacruz filed a first amended complaint (“FAC”). Dkt. No. 34. Ms. Quirarte now moves pursuant to Rule 12(b)(6)1 to dismiss the FAC. Mr. Delacruz…