Manuel Guevara v. The Ritz Carlton Hotel Company, LLC

I. INTRODUCTION

18 Plaintiff Manuel Guevara, proceeding pro se, brings suit against Defendant the 19 Ritz-Carlton Hotel Company, LLC (“Ritz-Carlton”) for alleged violations of the 20 Americans with Disabilities Act (“ADA”). (See Am. Compl. (“FAC”), ECF No. 23.) 21 Ritz-Carlton now moves to dismiss this action for failure to state a claim under 22 Federal Rule of Civil Procedure (“Rule”) 12(b)(6). (Mot. Dismiss (“Motion” or 23 “Mot.”), ECF No. 26.) The Motion is fully briefed. (Opp’n, ECF Nos. 32, 331; Reply, 24 ECF No. 36.) For the following reasons, the Court GRANTS Ritz-Carlton’s Motion.2

26 1 On June 7, 2022, one day after Guevara’s deadline to oppose Ritz-Carlton’s Motion, Guevara filed a (1) Request for Leave to Respond Out of Time and Response to Defendant’s Motion to Dismiss 27 and its Memorandum of Points and Authorities, (Req. for Leave to Respond, ECF No. 32), and 28 (2) Brief in Support to its Response to Defendant’s Motion to Dismiss, (Br. ISO Resp., ECF No. 33) (together, “Opposition” or “Opp’n”). The Court granted Guevara’s request to file an opposition. Case 2:21-cv-09792-ODW-MAR Document Filed 11/10/ Page 2…