Meshhal vs. Khan

ADA; (2) the defendant is a private entity that owns, leases, or operates a place of public accommodation; and (3) the plaintiff was denied public accommodations by the defendant because of his disability," (Arizona ex rel. Goddard v. Harkins Amusement Enterprises, Inc. (9th Cir. 2010) 603 F.3d 666, 670.)

Defendants are correct that the FAC fails to adequately plead facts sufficient to state a claim under the ADA as it fails to include facts to show Plaintiff is disabled within the meaning of the ADA and that he was denied public accommodations by Defendants because of that disability.

The court need not at this time address the statute of limitations for claims under Section 504 of the Rehabilitation Act because Plaintiff appears to concede that this cause of action is not properly pleaded and indicates that the “focused amended will proceed primarily under section 504.” (See, Opp pg. 8:18-19.) Thus, it appears that Plaintiff concedes this cause of action needs amending. Accordingly, the Court SUSTAINS the demurrer to the 8th cause of action.

Based upon the foregoing, the Demurrer to the 1st through 11th causes of action is SUSTAINED. Further, as this is the first pleading challenge, leave to amend is GRANTED as to these causes of action.

Plaintiff is GRANTED 30 days leave to amend. Leave to amend also includes leave to correct proper party identification and add one additional cause of action under Health and Safety Code section 1278.5. This Court makes no findings on the legal sufficiency of such amendments at this time. Any amended Complaint must be filed within 30-days service of notice of ruling.

Moving Parties to give notice.

4 Meshhal vs. TENTATIVE RULING: Khan Defendant Mohammad Khan, M.D.’s motion to strike Plaintiff Sofyan Mohamed Meshhal’s Complaint is CONTINUED to October 21, 2026, at 9:00 a.m.in this department.

Code Civ. Proc. § 435.5, subd. (a) requires the following:

Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if

an agreement can be reached that resolves the objections to be raised in the motion to strike. ... (2) The parties shall meet and confer at least 5 days before the date a motion to strike must be filed. If the parties are unable to meet and confer at least 5 days before the date the motion to strike must be filed, the moving party shall be granted an automatic 30-day extension of time within which to file a motion to strike, by filing and serving, on or before the date a motion to strike must be filed, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. ... (3) The moving party shall file and serve with the motion to strike a declaration stating either of the following: (A) The means by which the moving party met and conferred with the party who filed the pleading subject to the motion to strike, and that the parties did not reach an agreement resolving the objections raised by the motion to strike. (B) That the party who filed the pleading subject to the motion to strike failed to respond to the meet and confer request of the moving party or otherwise failed to meet and confer in good faith.