Strojnik

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PETER STROJNIK, Case No. 20-cv-03142-AGT

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

BW RRI II, LLC, Re: Dkt. Nos. 5, 7, 12 Defendant.

Peter Strojnik filed this disability discrimination case against BW RRI II, LLC, a company that owns a Red Roof Plus hotel in Burlingame, California. Currently before the Court is BW’s motion to dismiss the case for lack of subject-matter jurisdiction. For the reasons that follow, the motion is granted with leave to amend. 1. For two reasons, discussed further below, BW asserts that the allegations in Strojnik’s complaint are insufficient to support his standing to sue for violations of the Americans with Disabilities Act. Because BW’s arguments focus on the allegations, the motion is best construed as a facial attack on Strojnik’s standing. On a facial attack, the record is limited to the complaint and materials that may be judicially noticed. See Hyatt v. Yee, 871 F.3d…