Avalos

I. BACKGROUND

23 Plaintiff filed this action on November 12, 2020, alleging violations of the Americans with 24 Disabilities Act, 42 U.S.C. §§ 12181 et seq., and the California Unruh Civil Rights Act, 25 California Civil Code § 51 et seq. (ECF No. 1.) The complaint named J & D Properties, A 26 California Limited Partnership, and Does 1-10 as defendants. (Id.) At Plaintiff’s request, the 27 Clerk of Court entered default against J & D Properties on December 14, 2020. (ECF Nos. 6, 7.) 28 On February 9, 2021, Plaintiff filed a notice stating that J & D Properties, a California Limited Partnership is the incorrect Defendant and the correct Defendant should be J & D Properties, a California general partnership. (ECF No. 8.) According to the notice, the correct defendant’s name was discovered that day, and Plaintiff intended to file a motion for leave to amend. (Id.) 5 Plaintiff filed his motion for leave to amend the complaint on February 24, 2021. In the 6 motion, Plaintiff again explained that, after service of the summons and complaint and entry of 7 default against J & D Properties, Plaintiff’s counsel became aware that J & D Properties, a 8 California general…