Schutza
Schutza v. McDonald's Corp.
Opinion
Lead Opinion
Hayes, J.
ORDER
The matter before the Court is the Motion to Dismiss (ECF No. 9) filed by Defendant P.F.S. LLC.
I. Background
On November 17, 2014, Plaintiff Scott Schutza commenced this action by filing a Complaint against Defendants McDonald’s Corporation and P.F.S. LLC. (ECF No. 1). On December 22, 2014, Defendant P.F.S. LLC filed a motion to dismiss. (ECF No. 4). On January 6, 2015, Plaintiff filed the First Amended Complaint (“FAC”), which is the operative pleading in this case. (ECF No. 6). On January 8, 2015, the Court issued an Order denying the motion to dismiss, which addressed the original Complaint, as moot. (ECF No. 7). On January 16, 2015, Defendant P.F.S. LLC filed the Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), and 12(h)(3), and 28 U.S.C. section 1367 (c). (ECF No. 9). On February 3, 2015, Plaintiff filed an opposition. (ECF No. 14). On February 9, 2015, Defendant P.F.S. LLC filed a reply. (ECF No. 15).
II. Allegations of the FAC
Plaintiff is a paraplegic. Defendants own a McDonald’s restaurant in Lakeside, California. “Plaintiff went to the Restaurant in January 2014 to eat.” (ECF No. 6 at 3). “There are slopes and cross slopes…