Garcia

I. BACKGROUND1

23 Plaintiff Orlando Garcia filed this complaint against Defendant Pinnacle 1617, LLC 24 in the Superior Court of California, County of San Diego, on October 29, 2020 [Doc. No. 25

27 1 The Court is not making any findings of fact, but rather summarizing the relevant allegations of 28 1-2], and Defendant removed the action to this Court on January 22, 2021. [Doc. No. 1.] The complaint asserts claims for violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Unruh Civil Rights Act (“Unruh Act), CAL. CIV. CODE § 51 et seq. [Doc. No. 1-2 ¶¶ 20-27.] Defendant owns and operates the Four Points by Sheraton San Diego Downtown Little Italy hotel located at 1617 1st Avenue, San Diego, California (the “Hotel”). [Id. ¶ 2.] Plaintiff alleges that on September 27, 2020, he visited the Hotel’s website3 because he was planning on traveling to San Diego in October 2020 and was interested in booking a room at the Hotel. [Id. ¶¶ 12-15.] Plaintiff also states that he suffers from cerebral palsy and “uses a wheelchair, walker, or cane for mobility.” [Id. ¶ 1.] Due to his physical disabilities,…