Dalfio

Dalfio v. Orlansky-Wax, LLC

Good Law
United States District Court, Southern District of CaliforniaDecember 3, 20213:21-cv-01136California1,283 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 VICTOR DALFIO, an individual, Case No.: 21cv1136 DMS (JLB)

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS ORLANSKY-WAX, LLC, a California limited liability company; and DOES 1- 15 10, 16 Defendants. 17 18 This case comes before the Court on Defendant’s motion to dismiss. Plaintiff filed an opposition to the motion, and Defendant filed a reply. For the reasons set out below, the motion is granted. I. BACKGROUND This case arises under the Americans with Disabilities Act (“ADA”). Plaintiff Victor Dalfio “has had two hip replacements. He also dislocated his hip” and “has difficulty walking and standing.” (First Am. Compl. (“FAC”) ¶1.) As a result, “Plaintiff uses a cane most of the time and also uses a walker as needed.” (Id.) Plaintiff alleges he visited Defendant’s property on two occasions in March 2021 to patronize the business on the…

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