Ricardo Murillo v. Jpmorgan Chase Bank

MEMORANDUM

Ricardo Murillo appeals the district court’s Rule 12(b)(6) dismissal of his complaint against JP Morgan Chase Bank (“Chase”), which sought relief under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § § 12101-12300, and California state law. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

Murillo’s first amended complaint alleged that he “is a quadriplegic who cannot walk and who uses a wheelchair for mobility,” that he “went to the Chase Bank in March of 2011 to cash a check,” found no lowered teller windows or counters in the branch, and thus was denied full and equal access to a place of public accommodation. In granting Chase’s motion to dismiss, the district court found that Murillo had not stated a claim for relief under the ADA because the complaint did not allege that he was unable to cash the check or had a Chase account. Because it dismissed the ADA claim, the court also declined to exercise supplemental jurisdiction over Murillo’s state law claim.

The district court erred in dismissing the ADA claim. The complaint alleged that Murillo personally encountered the alleged ADA "violation — a lack of wheelchair-accessible teller stations — while…