Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Nevarez v. Canyon Lakes Golf Course & Brewery LLC

United States District Court, N.D. California

November 15, 2017

ABDUL NEVAREZ, Plaintiffs,
v.
CANYON LAKES GOLF COURSE & BREWERY LLC, et al., Defendants.

          ORDER DENYING DEFENDANT'S MOTION TO DISMISS RE: DKT. NO. 12

          KANDIS A WESTMORE United States Magistrate Judge.

         On 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.)

         Upon 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.

         I. BACKGROUND

         Plaintiff 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.)

         On or 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.)

         On 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 ParaGolfer. Id.

         On 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.)

         Ms. 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. ¶ 18).

         On 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. Id.

         On June 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. 1.)

         On 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.)

         II. LEGAL STANDARD

         A. Motion to Dismiss ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.