Pickern
Pickern v. Best Western Timber Cove Lodge Marina Resort
Opinion
Opinion
Shubb, J.
MEMORANDUM AND ORDER RE: TIMBER COVE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; TIMBER COVE DEFENDANTS’ MOTION FOR RECONSIDERATION; FIRST RESORT’S MOTION TO DISMISS
Plaintiff alleges that defendants violated Title III of the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and various California statutes. Defendants Best Western Timber Cove Lodge, Robert Maloff, Lisa Maloff, George Karadanis and Elise Karadanis (collectively, the “Timber Cove defendants”) now move for summary judgment on the ADA claim on the grounds that it is moot, and request that the court dismiss the remaining state claims. Defendant First Resorts Hotel and Restaurant Services of Lake Tahoe (“First Resorts”) moves to dismiss the case, also on the grounds that it is moot. Plaintiff agrees that her ADA claim is moot, but argues that this court should retain jurisdiction over the state claims.
I. Factual and Procedural Background
Plaintiff is a person with disabilities who requires a wheelchair for mobility. (Pic-kern Decl. ¶ 1.) The Timber Cove Defendants allegedly own and operate the Best Western Timber Cove Lodge in Lake Tahoe (“Timber Cove”). First Resorts leases space from the Timber Cove…