Schutza
Schutza v. Cuddeback
Opinion
Lead Opinion
Honbashant, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS STATE LAW CLAIM [ECF No. 5]
On November 07, 2016, Plaintiff Scott Schutza commenced this civil action against Defendants William Cuddeback, Lou Cuddeback, and Interstate Group, LLC (“Defendants”) alleging violations of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 , et seq. (“ADA”), and California’s Unruh Civil Rights Act §§ 51-53 (“Unruh .Act”). Defendants now move to dismiss the state law claim .for lack of subject matter jurisdiction under 28 U.S.C. § 1367 . Plaintiff has not opposed.
The Court finds this motion suitable for determination on the papers submitted and without oral argument. See Fed. R. Civ. P. 78(b); CivLR 7.1(d)(1).. For the following reasons, the Court GRANTS Defendants’ motion to dismiss Plaintiffs state law claim. 2 (ECF No. 5.) •
1. BACKGROUND
Plaintiff Scott Schutza is a paraplegic who uses a wheelchair for mobility. (Compl. 111.) Defendants own the real property known as “TrailersPlus” located at or about 12024 Woodside Avenue, Lakeside, California. (Id. ¶¶ 2-5.)
In February 20Í6, Plaintiff went to TrailersPlus in search of a trailer. (Id. ¶ 10.) However, as a result of his physical…