Facts

Plaintiffs Alex Montoya, Rex Shirley, Philip Pressel and Aaron Gresson filed a class action complaint against the City of San Diego, Bird Rides, Inc., Neutron Holdings, Inc., doing business as Lime, Wheels Labs, Inc., Uber Technologies, Inc., Lyft, Inc. and Razor USA, LLC in relation to dockless scooters that are often left on the public sidewalks, curb ramps, crosswalks of the City of San Diego.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the scooters hinder plaintiffs from using the public sidewalks, crosswalks, curbs, ramps and pedestrian crossings within the City of San Diego. Plaintiffs contended that the scooters caused barriers to plaintiffs when traveling. Plaintiffs contended that the City and the Scooter defendants violated Title II of the Americans with Disabilities Act, the Disabled Persons Act, the Rehabilitation Act, California Government Code Section 4450, California Civil Code Section 54, the Unruh Act and California Government Code Section 11135.

DEFENDANT'S CONTENTIONS: The scooter defendants moved to dismiss plaintiffs' Title II ADA claim, DPA claim, California Unruh Act claim, and California Government Code Section 11135 claim. The scooter defendants contended that plaintiffs' Title II ADA claim failed because they did not own nor operate the public activity to which plaintiff claimed a denial of access. Additionally, the scooter defendants contended that plaintiffs' DPA claim failed because they were not vicariously liable for the conduct of third party scooter riders. Finally, with respect to California Government Code Section 11135 claim, the scooter defendants contended they were not recipients of state financial assistance.

Result

The court denied the City's motion to dismiss on the immunity claim, Title II ADA claim, and Rehabilitation Act claim. The court granted the scooter defendants' motion to dismiss California Government Section 11135 claim with prejudice. As to the Title II ADA claim, DPA Claim and California Unruh Act claim, the court granted the scooter defendants' motion to dismiss with leave to amend. Plaintiffs did not elect to file a second amended complaint against the scooter defendants.