Acosta

I. BACKGROUND

23 a. Procedural History 24 Plaintiff filed this action on September 5, 2019, alleging violations of the Americans with 25 Disabilities Act (the “ADA”), 42 U.S.C. §§ 12101 et seq. and related California law, against 26 Defendants Maria Del Carmen Parra Perez, doing business as Lesly’s Gifts and More, Thu 27 Huynh, and Ngoc Tran. (ECF. No. 1) Plaintiff filed a First Amended Complaint as a matter of 28 course pursuant to Federal Rule of Civil Procedure 15(a)(1) on October 16, 2019. (ECF No. 6.) On November 6, 2019, Defendant Perez filed a motion to dismiss the First Amended Complaint for lack of subject matter jurisdiction. (ECF No. 10.) On November 18, 2019, Plaintiff filed proofs of service stating that Defendants Huynh and Tran were served by substituted service on “Ann Nguyen, Co-Occupant” and copies of the summons and complaint were mailed to them at 2586 Greenrock Road, Milpitas, CA 95035. (ECF Nos. 14, 15.) On December 23, 2019, Defendants Huynh and Tran, appearing through counsel, filed a notice of joinder in Defendant Perez’s motion to dismiss. (ECF No. 22.) On May 6, 2020, District Judge Anthony W. Ishii entered an order…