Jovany J. Munoz v. Eduardo Chantre

I. INTRODUCTION

18 Jovany Munoz brings the present action against David Shorter and Jeylim 19 Investments, LLC, (“Defendants”) for alleged violations of the Americans with 20 Disabilities Act (“ADA”) and the Unruh Civil Rights Act (“Unruh”). (First Am. Compl. 21 (“FAC”), ECF No. 27.) Defendants now move for summary judgment. (Defs.’ Mot. 22 Summ. J. (“MSJ”), ECF No. 32.) For the reasons that follow, the Court GRANTS 23 Defendants’ Motion and DISMISSES Munoz’s Unruh claim WITHOUT

PREJUDICE.

25 26 27 1 After considering the papers filed in connection with the Motion, the Court deemed the matter 28 appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. II. FACTUAL BACKGROUND Jovany Munoz is a paraplegic who cannot walk and uses a wheelchair to get 3 around. (FAC ¶ 1.) Munoz alleges that he visited Defendants’ property in Downey in 4 March 2018 and encountered several barriers in the restroom. (FAC ¶¶ 10–20; MSJ 1– 5 2.) On October 22, 2018, Munoz initiated this lawsuit against Defendants alleging 6 violations of the ADA and Unruh. (See Compl., ECF No. 1.) On April 19, 2019,…