Luis Marquez v. Diamondrock Hb Owner, LLC

I. BACKGROUND

A. Facts

Plaintiff Luis Marquez (“Plaintiff” or “Marquez”) is an individual with paraplegia who uses a wheelchair for mobility. First Amended Complaint (“FAC”) ¶ 1. Plaintiff planned to make a trip in September 2020 to Huntington Beach. Id. ¶ 11. He chose to stay at Defendant’s hotel, Kimpton Shorebreak at 500 Pacific Coast Hwy., Huntington Beach,

CIVIL MINUTES – GENERAL

Case No. 8:21-CV-00610-DOC-(KESx) Date: July 29, 2021 Page

CA. Id. ¶ 12. Due to his condition, Plaintiff requires an accessible guestroom. Id. ¶ 13. And, before booking, Plaintiff “needs to be given information about accessible features in hotel rooms” so he can book rooms where he can be both independent and safe. Id. ¶ 14. Plaintiff alleges Defendant’s website was devoid of such information. See generally

FAC.

B. Procedural History

On February 9, 2021, Plaintiff filed their original complaint in Orange County Superior Court asserting two causes of action: (1) Violation of the Americans with Disabilities Act (“ADA”) and (2) Violation of the Unruh Civil Rights Act. Complaint (Dkt. 1-2). Defendant removed the case to this Court on March 31, 2021. Notice of Removal (Dkt. 1-1).…