Rutherford v. America's Best Value Inn, 18-CV-1734-CAB-BGS. (2018)
Court: District Court, N.D. California
Number: infdco20181022b02
Visitors: 8
Filed: Oct. 19, 2018
Latest Update: Oct. 19, 2018
Summary: ORDER DENYING MOTION TO DISMISS CATHY ANN BENCIVENGO , District Judge . Defendants move to dismiss Plaintiff's claim for violation of California's Unruh Civil Rights Act, Cal. Civ. Code. 51 et seq. on the grounds that the complaint does not comply with California procedural rules concerning the pleading of construction-related accessibility claims. Because "state pleading standards do not apply in federal court," Oliver v. In-N-Out Burgers, 286 F.R.D. 475, 477 (S.D. Cal. 2012), and th
Summary: ORDER DENYING MOTION TO DISMISS CATHY ANN BENCIVENGO , District Judge . Defendants move to dismiss Plaintiff's claim for violation of California's Unruh Civil Rights Act, Cal. Civ. Code. 51 et seq. on the grounds that the complaint does not comply with California procedural rules concerning the pleading of construction-related accessibility claims. Because "state pleading standards do not apply in federal court," Oliver v. In-N-Out Burgers, 286 F.R.D. 475, 477 (S.D. Cal. 2012), and the..
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ORDER DENYING MOTION TO DISMISS
CATHY ANN BENCIVENGO, District Judge.
Defendants move to dismiss Plaintiff's claim for violation of California's Unruh Civil Rights Act, Cal. Civ. Code. § 51 et seq. on the grounds that the complaint does not comply with California procedural rules concerning the pleading of construction-related accessibility claims. Because "state pleading standards do not apply in federal court," Oliver v. In-N-Out Burgers, 286 F.R.D. 475, 477 (S.D. Cal. 2012), and the complaint adequately states a claim under the applicable federal pleading standards (see Ashcroft v. Iqbal, 556 U.S. 662 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)), the motion is DENIED.
It is SO ORDERED.
Source: Leagle
