Montoya

Montoya v. City of San Diego

Good Law
United States District Court, Southern District of CaliforniaJune 9, 20213:19-cv-00054California3,208 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 ALEX MONTOYA; REX SHIRLEY; Case No.: 19cv0054 JM(BGS) PHILIP PRESSEL; and WYLENE 11 HINKLE; individually, and on behalf of ORDER ON MOTION FOR CLASS all others similarly situated, CERTIFICATION Plaintiffs, v. CITY OF SAN DIEGO, a public entity; and DOES 1-100, 16 Defendants. 17 18 Presently before the court is Plaintiffs’ Motion for Class Certification. (Doc. No. 135.) 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 without prejudice. I. Background On January 9, 2019, Plaintiffs, who are individuals with disabilities, filed a putative class action complaint asserting claims for violations of the ADA, 42 U.S.C. § 12101 et seq., section 504 of the Rehabilitation Act, 29 U.S.C. § 794 et seq., California Civil Code section 51, et seq., (the “Unruh Act”), California Civil…

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