Dwain Lammey v. Omni Los Angeles LLC

I. INTRODUCTION

18 Plaintiff Dwain Lammey initiated this action against Defendant Omni Los 19 Angeles, LLC and Omni Hotels Management Corporation (“Omni”), which owns the 20 Omni Los Angeles Hotel at California Plaza. (First Am. Compl. (“FAC”), ECF 21 No. 17.) Lammey alleges that Omni’s third-party hotel reservations website lacks 22 sufficient accessibility information; he asserts two causes of action: (1) violation of 23 the Americans with Disabilities Act (“ADA”) and (2) violation of the Unruh Civil 24 Rights Act (“Unruh Act”). Omni moves to dismiss Lammey’s FAC for failure to state 25 a claim. (Mot. to Dismiss (“Motion” or “Mot.”), ECF No. 18.) For the reasons 26 discussed below, the Court GRANTS Omni’s Motion.1

28 1 Having carefully considered the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. II. BACKGROUND2 Lammey has physical disabilities and uses a wheelchair for mobility. (FAC 3 ¶ 1.) In September 2020, Lammey planned to travel to the Los Angeles area and went 4 online to book a room at…