O'Campo

ORDER

Plaintiff brings claims against numerous defendants, including a shopping mall and several stores and restaurants within that mall. Plaintiff, who suffers from severe brain damages and requires the use of a cane, alleges that defendants denied him access by virtue of physical and intangible barriers. Defendant Hot Topic, Inc. (“Hot Topic”), one of the stores within the shopping mall has moved for a stay of proceedings and early evaluation conference under California’s Construction-Related Accessibility Standards Compliance Act and to dismiss for lack of jurisdiction and for failure to state a claim. For the reasons t described below, Hot Topic’s motions are denied.

I. BACKGROUND

A. The Complaint

Plaintiff Dimas O’Campo (“plaintiff’ or “O’Campo”) suffers from severe brain damage. Compl. ¶ 16. He needs to use a cane to travel in public because his injury affects his ability to walk, talk, see, and stand. Id. Plaintiff brings claims against numerous alleged public accommodations. See Compl. They include a shopping mall and several stores and food establishments within the mall. Id. Moving defendant Hot Topic, Inc. (“defendant” or “Hot Topic”) is a store within the…