Garcia
Garcia v. Dudum
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 ORLANDO GARCIA, Case No. 21-cv-05081-SI
Plaintiff, ORDER ON DEFENDANTS’ SECOND
MOTION TO DISMISS
v.
JACK DUDUM, et al., Re: Dkt. No. 43, 52 Defendants.
10 11 Plaintiff Orlando Garcia sues (1) defendants Jack and Sylvia Dudum, in their individual and representative capacity as trustee/owners of the real property at 2412 Webb Avenue, Alameda, California (“the Property”) and (2) defendant Michael Lee, owner of the Sandwich Board located at the Property. Dkt. No. 1 at ¶¶ 2-3. Plaintiff alleges various barriers to accessibility at the Property under the Americans with Disabilities Act (“ADA”) and California state law. Before the Court is defendants’ second motion to dismiss pursuant to Federal Rule of Civil Procedure 12(h)(3) for lack of subject matter jurisdiction. Defendant argues: (1) plaintiff’s ADA claims should be dismissed as moot and (2) the Court should decline to exercise supplemental jurisdiction over the California Unruh Act…