Gary Scherer v. Pacific City Hotel, LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from the First Amended Complaint in this action (“FAC”) (Dkt. 18). This is a case challenging the reservation policies and practices of a hotel. See generally FAC. Plaintiff Gary Scherer (“Plaintiff”) is a California resident with physical disabilities who attempted to book a hotel room for a trip to Huntington Beach,
CIVIL MINUTES – GENERAL
Case No. SA CV 20-0632-DOC-ADS Date: August 26, 2021 Page
California, but found insufficient information on the hotel’s website to assess whether hotel rooms were accessible with respect to his needs. Id.
B. Procedural History On February 25, 2021, Plaintiff filed his complaint against Defendant in the Superior Court for the State of California, County of Orange, alleging causes of action for (1) violation of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq.; and (2) violation of the Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53. Notice of Removal (Dkt. 1) at 8-10.
On August 13, 2022, Defendant brought a Motion to Dismiss seeking to dismiss Plaintiff’s FAC for failure to state a claim (Dkt. 14). On August 23, 2021,…