Rutherford

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JAMES RUTHERFORD, Case No.: 3:20-cv-00293-L-BGS

12 Plaintiff, ORDER DENYING DEFENDANT’S v. MOTION TO DISMISS

14 LAWRENCE W. KELLY, et al., [ECF No. 8] Defendants. 16 Pending before the Court is Defendant Michael K. Murphy’s (“Murphy”) motion to dismiss Plaintiff’s complaint under Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure. Plaintiff opposed the motion and Defendants replied. The Court decides the matter on the papers submitted and without oral argument. See Civ. L. R. 7.1(d.1). For the reasons stated below, Defendants’ motion to dismiss is DENIED. I. BACKGROUND Plaintiff suffers from various disabilities and at times relies on mobility devices for mobility including a wheelchair. He alleges that he twice visited O’Sullivan’s Irish Pub of Carlsbad (“O’Sullivan’s”) and encountered several access barriers, including no ASA- compliant disabled parking spaces, no disabled-accessible route…