Brooke

Brooke v. American Realty Capital Properties LLC

Good Law
United States District Court, Southern District of CaliforniaFebruary 24, 20253:25-cv-00060California2,901 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THERESA BROOKE, Case No. 25-cv-0060-BAS-BLM

Plaintiff,

ORDER DECLINING

v. SUPPLEMENTAL JURISDICTION HOSPITALITY INVESTORS TRUST

INC.,

15 Defendant.

17 I. BACKGROUND Plaintiff Theresa Brooke (“Brooke” or “Plaintiff”) filed this action against American Realty Capital Properties LLC (“American Realty”), alleging violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”). (ECF No. 1.) Soon after, American Realty filed an Answer, stating that it did not own the hotel that was the subject of Plaintiff’s Complaint. (ECF No. 5.) That same day, Plaintiff amended her Complaint as a matter of right, filing her First Amended Complaint (“FAC”) and naming Hospitality Investors Trust Incorporated as the new defendant. (FAC, ECF No. 6.) The clerk issued an amended summons on the next day. (ECF No. 7.) Plaintiff, who uses a wheelchair, alleges that Defendant’s hotel “does…

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