Brooke

Brooke v. Cosumnes River Land LLC

Good Law
United States District Court, Eastern District of CaliforniaApril 29, 20202:19-cv-02533California2,830 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THERESA BROOKE, a married No. 2:19-cv-02533-MCE-AC woman dealing with her sole and separate claim, Plaintiff, MEMORANDUM AND ORDER v. COSUMNES RIVER LAND LLC, a Delaware limited liability company dba The Murieta Inn and Spa, Defendant. 18 Plaintiff Theresa Brooke (“Plaintiff”) initiated this action against Defendant Cosumnes River Land LLC (“Defendant”) seeking declaratory and injunctive relief for violations of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101, et seq. (“ADA”) and California’s Unruh Civil Rights Act, California Civil Code §§ 51, et seq. (“Unruh Act”). ECF No. 5. Presently before the Court is Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint (“FAC”) for lack of subject matter jurisdiction and for failure to state a claim for relief. ECF No. 6. For the reasons set forth below, Defendant’s Motion is GRANTED in part and DENIED in part.1 27 1 Because oral argument would not be of material assistance,…

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