Garcia
Garcia v. KHP III SF Sutter LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ORLANDO GARCIA, Case No. 21-cv-01275-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 20 KHP III SF SUTTER LLC, et al., Defendants.
12 Plaintiff Orlando Garcia has cerebral palsy and uses a wheelchair, walker, or cane for mobility. Dkt. No. 19 ¶ 1. He has alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), and the California Unruh Civil Rights Act, Cal Civ. Code §§ 51-53, against defendants KHP III SF Sutter LLC and Kimpton Hotel & Restaurant Group LLC (collectively “Kimpton”), which own and operate the Kimpton Buchanan Hotel in San Francisco, California. In a first amended complaint, Garcia alleges that the Kimpton website does not comply with the “Reservations Rule,” 28 C.F.R. § 36.302(e)(1)(ii), which requires places of lodging to “identify and describe accessible features . . . in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room…