Birdwell v. Avalonbay Communities, Inc.

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 SARAH BIRDWELL, Case No. 21-cv-00864-JST 8 Plaintiff, ORDER GRANTING IN PART AND 9 v. DENYING IN PART DEFENDANT’S MOTION TO DISMISS 10 AVALONBAY COMMUNITIES, INC., Re: ECF No. 44 Defendant. 11 12 13 Before the Court is Defendant AvalonBay Communities, Inc.’s (“AvalonBay”) motion to 14 dismiss. ECF No. 44. The Court will grant the motion in part and deny it in part. 15 I. BACKGROUND1 16 A. Factual Background 17 Plaintiff Sarah Birdwell “lives with a medical condition that causes her to be very weak in 18 her…