Barajas v. Ashford TRS Walnut Creek LLC

5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 KATHLEEN BARAJAS, Case No. 20-cv-01676-CRB 9 Plaintiff, ORDER DENYING MOTION TO 10 v. DISMISS AS MOOT 11 ASHFORD TRS WALNUT CREEK LLC, 12 Defendant.

13 On March 9, 2020, Plaintiff Kathleen Barajas sued Defendants Ashford TRS Walnut Creek || LLC and Does 1-10 for violations of the Americans with Disabilities Act and California’s Unruh 15 || Act. See Compl. (dkt. 1). On March 22, 2021, Ashford TRS moved to dismiss this case for lack a 16 || of Article II standing and for failure to state a claim for which relief may be granted. See Mot. to 17 || Dismiss (dkt. 22) at 1. On April 2, 2021, Barajas filed an amended complaint (as she was entitled Z 18 || to do under Rule 15 of the Federal Rules of Civil Procedure). See Amend. Compl. (dkt. 28); Fed. |] R. Civ. P. 15(a). Given the amended complaint, the Court denies Ashord TRS’s motion to dismiss || the original complaint as moot. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 || (9th Cir. 2015).

22 IT ISSO ORDERED.

23 Dated: April 8, 2021 CHARLES R. BREYER 24 United States District Judge