Brooke
Brooke v. Patel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THERESA BROOKE, ) Case No.: 1:20-cv-0101 JLT SKO ) Plaintiff, ) ORDER GRANTING DEFENDANTS’ MOTION ) TO DISMISS PURSUANT TO RULE 12(B)(1) v. ) AND DISMISSING THE ACTION WITHOUT ) PREJUDICE FOR LACK OF SUBJECT JAVANTILAL M. PATEL, an individual dba ) MATTER JURISDICTION Home2 Suits by Hilton Hanford Lemoore; and ) ANAND HOSPITALITY LLC, an unorganized ) (Docs. 66, 67) entity dba Home2 Suites by Hilton Hanford ) Lemoore, ) ) Defendants. ) )
Teresa Brooke asserts the Home2 Suites by Hilton Hanford Lemoore violated Title III of the Americans with Disabilities Act and California law by not having accessible features—such as the concierge desk and loading zone—and misrepresenting the accessibility on the hotel website. (See generally Doc. 25.) Defendants seek dismissal of the Second Amended Complaint pursuant to Rule 12(b)(1) and Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing Plaintiff…