Barajas

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 KATHLEEN BARAJAS, Case No. 20-cv-01676-CRB

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

ASHFORD TRS WALNUT CREEK LLC, Defendant.

Plaintiff Kathleen Barajas has cerebral palsy and uses a wheelchair. See FAC (dkt. 28) ¶ 1. She is suing Defendants Ashford TRS Walnut Creek LLC, owner of an Embassy Suites Hotel in Walnut Creek, California (Hotel), and Does 1–10 (collectively, Ashford TRS). See id. Barajas alleges that multiple features of the “accessible” room that Barajas booked were inaccessible, that the Hotel’s service counter is inaccessible, and that the Hotel’s reservation website fails to reasonably identify accessible accommodation features, in violation of both the federal Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act (Unruh Act). See generally id. Ashford TRS has moved to dismiss all claims for lack of subject matter jurisdiction and failure to state a claim for which…