Gastelum

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, Case No. 1:22-cv-00178-KES-CDB Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. DEFENDANT’S MOTION TO DISMISS,

DECLINING SUPPLEMENTAL

TILLY’S, INC., JURISDICTION OVER PLAINTIFF’S STATE

LAW CLAIM, DENYING PLAINTIFF’S

Defendant. MOTION FOR LEAVE TO AMEND, AND

DISMISSING PLAINTIFF’S UNRUH ACT

CLAIM WITHOUT PREJUDICE

(Doc. 41) 18 On February 11, 2022, plaintiff Fernando Gastelum filed a complaint against defendant Tilly’s, Inc.,1 alleging violations of the American with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. Doc. 1. The claims stem from alleged barriers that plaintiff encountered while visiting two facilities owned by defendant. Id. ¶¶ 3, 8–13. Following defendant’s filing of a motion to dismiss, Doc. 6, the matter was referred to a United States magistrate judge…