Dalton
Dalton v. The Pines Resorts of California, LLC
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 4 JOHN DALTON and KATHERINE CASE NO. 1:21-CV-1722 AWI HBK
DALTON,
6 Plaintiffs ORDER ON DEFENDANTS’ MOTION TO DISMISS v. 8 HOME AWAY, INC., (Doc. No. 12 & 16) 9 Defendant
11 This is a disability discrimination lawsuit that stems from the unsuccessful attempt of 12 Plaintiffs John Katherine Dalton to rent a chalet at a resort owned by Defendant Home Away, Inc. 13 (“HAI”). The operative complaint is the First Amended Complaint (“FAC”), which alleges 14 violation of the Americans with Disabilities Act (21 U.S.C. § 12101 et seq.) (“ADA”) and various 15 violations of the California Civil Code, the California Health & Safety Code, and the California 16 Government Code. Currently before the Court is Defendants’ combined Rule 12(b)(1) and Rule 17 12(b)(6) motion to dismiss and Plaintiffs’ Rule 15(d) motion to amend. For the reasons that 18 follow, both Defendants’ motions and Plaintiffs’ motion will be granted.
FACTUAL BACKGROUND1
21 From the Complaint, John Dalton (“John”) is a physically…