Gastelum
Gastelum v. TJX Companies
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 FERNANDO GASTELUM, Case No. 21-cv-06714-VKD
Plaintiff,
ORDER GRANTING DEFENDANT’S
v. MOTION TO DISMISS WITH LEAVE
TO AMEND
TJX COMPANIES dba HOMEGOODS, Re: Dkt. No. 12 Defendant.
13 I. BACKGROUND Pro se plaintiff Fernando Gastelum brings this action based on accessibility barriers he claims he encountered at a store located in Gilroy, California and allegedly owned or operated by defendant TJX Companies (“TJX”). According to his complaint, Mr. Gastelum is missing one leg and uses a wheelchair for mobility. Dkt. No. 1 ¶ 1. Mr. Gastelum claims that he visited the store on June 30, 2021 and encountered the following barriers that prevented him from having equal access to the store: “[u]nsecured carpets within the store [that] impede [his] ability to wheel [him]self over uneven ground in [his] wheelchair”; “[p]rotruding objects [that] reduce clear width of accessible routes between rows…