Gastelum
Gastelum v. Kohl's Department Stores Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FERNANDO GASTELUM, ) Case No.: 1:21-cv-1740 JLT BAM ) Plaintiff, ) ORDER GRANTING DEFENDANTS’ MOTION ) TO DISMISS FOR JUDGMENT ON THE v. ) PLEADINGS ) KOHL’S INC., ) (Doc. 23) ) Defendant. ) )
Fernando Gastelum asserts Kohl’s Inc. violated the Americans with Disabilities Act and California law by not having accessible features in stores its located in Bakersfield and El Centro, California. (Doc. 20.) Defendant1 seeks judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, arguing Gastelum lacks standing to pursue his claims and the Court lacks subject matter jurisdiction. (Doc. 23) Gastelum opposes the motion, arguing the allegations are sufficient. (Doc. 25.) 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 for judgment on the…