Gastelum

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

FERNANDO GASTELUM, ) Case No.: 1:21-cv-1230 JLT CDB ) Plaintiff, ) ORDER DENYING DEFENDANTS’ MOTION ) TO DISMISS PURSUANT TO RULE 12(B)(1) v. ) ) (Doc. 16) TC HERITAGE INN 2 OF BAKERSFIELD ) LLC, dba Home 2 Suites by Hilton Bakersfield, ) ) Defendant. ) ) )

Fernando Gastelum asserts the Home to Suites by Hilton Bakersfield violated the Americans with Disabilities Act and California law by not having accessible features. (See generally Doc. 15.) Defendant seeks dismissal of the Complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure, arguing Gastelum lacks standing to pursue his claims and the Court lacks jurisdiction. (Doc. 16.) The Court finds the matter is suitable for decision without oral arguments, and no hearing will be set pursuant to Local Rule 230(g). For the reasons set forth below, Defendant’s motion to dismiss is DENIED. I. …