1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 ORLANDO GARCIA, Case No. 21-cv-09236-JD

7 Plaintiff, ORDER RE MOTION TO DISMISS v. 8 Re: Dkt. No. 14 9 DELATORRE PROPERTIES LLC, et al., Defendants. 10

11 12 The motion to dismiss, Dkt. No. 14, is suitable for decision without oral argument pursuant 13 to Civil Local Rule 7-1(b). The parties’ familiarity with the record is assumed, and the motion is 14 denied. The hearing set for February 24, 2022, is vacated. 15 Garcia has Article III standing to sue. “An ADA plaintiff can demonstrate a cognizable 16 injury by showing that [he intends] ‘to return to a noncompliant accommodation and is therefore 17 likely to reencounter a discriminatory architectural barrier’ or ‘when discriminatory architectural 18 barriers deter him from returning to a noncompliant accommodation.’” Strojnik v. 574 Escuela, 19 LLC, No. 3:18-CV-06777-JD,

, at *3 (N.D. Cal. Mar. 31, 2020) (quoting 20 Chapman v. Pier 1 Imports (U.S.) Inc.,

(9th Cir. 2011)). 21 Garcia alleges that “he wanted to return and patronize the business again but was 22 specifically deterred” because there was insufficient “knee or toe clearance under the outside 23 dining surfaces” for his wheelchair, and because the “patio entrance had a traditional round knob 24 handle that required tight grasping and twisting of the wrist to operate,” which was not possible 25 for him to use due to his “manual dexterity issues.” Dkt. No. 1 ¶¶ 1, 10, 14, 19. He also alleges 26 that he will return to the restaurant once it is ADA complaint. Id. ¶ 27. 27 This is enough to establish standing. See Civil Rights Education & Enforcement Center v. 1 1557434, at *4. Defendant’s doubts about the genuineness of Garcia’s allegations do not 2 || demonstrate otherwise. See CREEC, 867 F.3d at 1099 (factual allegations in complaint construed 3 in plaintiff’s favor); see also Whitaker v. Body, Art & Soul Tattoos Los Angeles, LLC,

|| App’x 959, 960 (9th Cir. 2021) (unpublished) (plaintiff had standing where “complaint alleged 5 || that he uses a wheelchair for mobility, that he visited the defendant’s premises, that he personally 6 || encountered an identified barrier related to his disability -- inaccessible sales counters -- and that 7 || the barrier deterred him from returning.”). 8 IT IS SO ORDERED. 9 || Dated: February 17, 2022 10 11 JAMES ATO 12 United Jfates District Judge

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