Barajas v. Ashford TRS Walnut Creek LLC

Opinion

1 2 3 4 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 KATHLEEN BARAJAS, Case No. 20-cv-01676-CRB 9 Plaintiff, ORDER DENYING MOTION TO 10 v. DISMISS AS MOOT 12 Defendant. 13 On March 9, 2020, Plaintiff Kathleen Barajas sued Defendants Ashford TRS Walnut Creek 14 || LLC and Does 1-10 for violations of the Americans with Disabilities Act and California’s Unruh 3 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 2 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. 19 |] R. Civ. P. 15(a). Given the amended complaint, the Court denies Ashord TRS’s motion to dismiss 20 || the original complaint as moot. See Ramirez v. Cnty. of San Bernardino, 806 F.3d 1002, 1008 21 || (9th Cir. 2015). 23 Dated: April 8, 2021 CHARLES R. BREYER 24 United States District Judge 25 26 27 28