United States District Court, N.D. California
ORDER DENYING DEFENDANT'S MOTION TO DISMISS RE:
DKT. NO. 12
A WESTMORE United States Magistrate Judge.
September 11, 2017, Defendant Canyon Lakes Golf Course &
Brewery LLC filed a motion to dismiss Plaintiff Abdul
Nevarez's complaint. (Def.'s Mot., Dkt. No. 12.)
review of the moving papers, the Court finds this matter
suitable for resolution without oral argument pursuant to
Civil Local Rule 7-1(b), and, for the reasons set forth
below, DENIES Defendant's motion to dismiss.
Abdul Nevarez's right leg is amputated above the knee and
he has significant nerve damage in his left leg and left arm.
(Compl., Dkt. No. 1 ¶ 7.) He requires the use of a
wheelchair for mobility, and is, therefore, a qualified
person with a disability within the meaning of the Americans
with Disabilities Act (“ADA”). Id.
Canyon Lakes is the owner and operator of the subject golf
course. (Complaint, Dkt. No. 1 ¶ 8.)
about March 27, 2017, Plaintiff called Canyon Lakes to book a
tee time and spoke with a Canyon Lakes representative.
(Compl. ¶ 15.) When Plaintiff asked whether the course
had a ParaGolfer adaptive golf cart, the representative
stated that Canyon Lakes did not have any golf carts for
disabled players. (Compl. ¶ 15.) Plaintiff left the
representative with information on the ParaGolfer and the
representative promised to discuss the issues with
management. (Compl. ¶ 15.)
April 2, 2017, Plaintiff followed up on the conversation by
emailing the Canyon Lakes general manager to discuss the lack
of golf carts for disabled players. (Compl. ¶ 16.) On
April 3, 2017, General Manager Ashley Reynolds responded
that, although Canyon Lakes did not have a specific cart for
disabled golfers, if possible, it could borrow one from a
nearby course. (Compl. ¶ 16.) Ms. Reynolds then inquired
if there was a nearby course where Plaintiff has used the
April 4, 2017, Plaintiff responded that he is not always able
to predict when he is able to golf given his wife's work
schedule and provided additional information about the
ParaGolfer. (Compl. ¶ 17.)
Reynolds responded on April 19, 2017, stating that Canyon
Lakes would be able to obtain a ParaGolfer from The Bridges
Golf Club nearby, based on availability and on at least 48
hours' notice. (Compl. ¶ 18.) Ms. Reynolds stated
that the Course “is unfortunately not reasonably able
to purchase [its] own ParaGolfer at this time.” (Compl.
April 23, 2017, Plaintiff replied that the adaptive golf cart
at The Bridges Golf Club is not a ParaGolfer, but a SoloRider
golf cart, with which he has had significant difficulties and
safety concerns in the past. (Compl. ¶19.) Plaintiff
also reiterated his desire to be able to golf at his leisure
at Canyon Lakes and not have to book 48 hours in advance.
6, 2017, Plaintiff filed the instant lawsuit alleging
disability discrimination under Title III of the Americans
with Disabilities Act and the Unruh Act. (Compl., Dkt. No.
September 11, 2017, Defendant filed a motion to dismiss.
(Def.'s Mot., Dkt. No. 12.) On October 10, 2017,
Plaintiff filed an opposition. (Pl.'s Opp'n, Dkt. No.
17.) On October 24, 2017, Defendant filed its reply.
(Def.'s Reply, Dkt. No. 21.)
Motion to Dismiss ...