Montoya
Montoya v. City of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ALEX MONTOYA; REX SHIRLEY; Case No.: 19cv0054 JM(BGS) PHILIP PRESSEL; and AARON 11 GRESSON, individually, and on behalf of ORDER ON MOTION FOR all others similarly situated, PRELIMINARY INJUNCTION Plaintiffs, v. CITY OF SAN DIEGO, a public entity; and DOES 1-100, 16 Defendants. 17 18 On October 2, 2020 Plaintiffs filed a Motion for Preliminary Injunction against the City of San Diego (the “City”) to enjoin the City from allowing pedestrian rights-of-way to be obstructed by dockless vehicles in violation of the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, and California’s Disabled Persons Act (“DPA”). (Doc. No. 106.) The motion has been fully briefed and the court finds it suitable for submission on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). For the reasons set forth below, Plaintiffs’ motion is denied. I. Background On January 9, 2019, Plaintiffs filed a putative class action complaint…