Brooke
Brooke v. 8757 Rio San Diego Mission Valley Owner LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THERESA BROOKE, Case No.: 3:20-cv-00975-W-AHG
Plaintiff,
ORDER DENYING DEFENDANTS’
v. MOTION TO DISMISS
PLAINTIFF’S VERIFIED
8757 RIO SAN DIEGO MISSION
AMENDED COMPLAINT [DOC. 9]
VALLEY OWNER LLC,
15 Defendant. 16 17 18 19 Plaintiff Theresa Brooke brings this action against Defendant 8757 Rio San Diego Mission Valley Owner LLC. Defendants now move to dismiss Plaintiff’s First Amended Complaint (“FAC”) under Federal Rule of Civil Procedure 12(b)(1), arguing that Brooke lacks standing. Plaintiff opposes. The Court decides the matter on the papers submitted and without oral argument. See Civ. L.R. 7.1(d.1). For the following reasons, the Court DENIES Defendants’ motion [Doc. 9]. // // I. BACKGROUND Plaintiff Theresa Brooke is legally disabled and confined to a wheel chair. (Amend. Compl. [Doc. 4] ¶ 1.) Brooke and her husband reside in Pinal County, Arizona and have an office in San Jose,…