Orlando Garcia v. Apple Seven Services SPE San Diego, Inc.

I. INTRODUCTION

1188 Plaintiff Orlando Garcia initiated this action against Defendant Apple Seven 1199 Services SPE San Diego (“Apple Seven”), which owns and operates the Courtyard by 2200 Marriott (“Marriott”) located at 2100 W. Empire Avenue, Burbank, California. (First 2211 Am. Compl. (“FAC”), ECF No. 9.) Garcia alleges that Marriott’s hotel reservations 2222 website lacks sufficient accessibility information and asserts two causes of action: 2233 (1) violation of the Americans with Disabilities Act (“ADA”) and (2) violation of the 2244 Unruh Civil Rights Act (“Unruh Act”). Apple Seven moves to dismiss Garcia’s 2255 complaint for failure to state a claim. (Mot. to Dismiss (“Motion” or “Mot.”, ECF 2266 2277 2288 1 No. 13.) For the reasons discussed below, the Court GRANTS Apple Seven’s 2 Motion.1 II. BACKGROUND Garcia has physical disabilities and uses a wheelchair, walker, or cane for 5 mobility. (FAC ¶ 1.) In December 2020, Garcia planned on having a “staycation” 6 and went online to book a room at Marriott. (Id. ¶¶ 14–16.) Garcia alleges that he 7 was unable to make a reservation due to …