Wyatt

ORDER

DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND GRANTING DEFENDANTS’ MOTION TO DISMISS THE FOURTH COUNT OF THE COMPLAINT

This matter comes before the Court on Defendants’ Federal Rule of Civil Procedure 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction and Federal Rule of Civil Procedure 12(b)(6) Motion to Dismiss the Fourth Count. After consideration of the moving and responding papers, the Court DENIES Defendants’ 12(b)(1) Motion to Dismiss and GRANTS Defendants’ 12(b)(6) Motion to Dismiss the fourth cause of action.

I. Facts

Plaintiff, a person with a disability who requires use of a wheelchair, brought this action for Defendants’ failure to remove architectural barriers at the Tuskatella Shopping Center in Orange, California. Defendants are the owners and operators of retail outlets located at 1301 East Katel-la Avenue, Orange, California: Plaintiff contends that such barriers, which consist of the absence of handicapped parking and a ramp, violate Title III of the Americans with Disabilities Act (hereinafter “ADA”) as they limit accessibility. See 42 U.S.C. § 12181 et seq. Plaintiff brought this action on February…