Whitaker v. Tesla Motors, Inc.

Background

Tesla moved to dismiss Brian Whitaker’s request for nominal damages and his California Unruh Civil Rights Act cause of action. The court heard the motion by videoconference on September 28, 2021.

Nominal damages under the Americans with Disabilities Act

The court granted the motion as to Whitaker’s request for nominal damages and other equitable relief under Title III of the Americans with Disabilities Act. The court stated that only injunctive relief is available to a private plaintiff under Title III, meaning the plaintiff may seek a court order requiring changes but may not seek monetary damages. The court also stated that the Supreme Court’s decision in Uzuegbunam v. Preczewski did not change the remedies available under Title III.

California Unruh Act claim

The court denied Tesla’s request that it decline to exercise supplemental jurisdiction over the Unruh Act claim. The court found that Whitaker was not engaged in forum-shopping, stated that he could bring the claim in either state or federal court, and concluded that it would be more efficient to hear the Unruh Act and federal claims together.

Ruling

The court granted in part and denied in part Tesla’s motion to dismiss. It granted the motion concerning the request for nominal damages and denied it concerning the Unruh Act claim. The court ordered Tesla to file a response to the complaint by October 18, 2021, and stated that the order terminated Docket Number 12.