Facts

Andres Gomez is visually impaired and lives in Miami, Florida. On September 13, 2021, Gomez filed a lawsuit against Napa Valley real estate agents Paulo Corro and Arturo Ramirez dba Corro Ramiriz, alleging violations of the Americans with Disabilities Act and Unruh Civil Rights Act.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendants' websites were inaccessible to people with visual disabilities and that as a result he was unable to navigate the websites to obtain information about houses for sale in Northern California. Further, plaintiff maintained that he enjoyed window shopping and dreaming about real estate and that there was value in him consuming the information provided in the real estate listings.

DEFENDANTS' CONTENTIONS: Defendants alleged that plaintiff's claims failed because they do not own or operate a physical location and since plaintiff testified in another case that he had been unemployed for a decade, he could not qualify for a loan to purchase real estate. Further, they argued that plaintiff has disclaimed any intention to visit defendants' physical location and did not wish to use the website to facilitate access to any service or goods beyond the website itself.

Result

The court granted defendants' motions to dismiss without leave to amend.