Gastelum

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 FERNANDO GASTELUM, Case No. 21-cv-06235-BLF

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

PARVARTI HOSPITALITY INC, et al., [Re: ECF No. 36] Defendant.

12 Before the Court is Defendant Parvarti Hospitality Inc.’s Motion to Dismiss Plaintiff Fernando Gastelum’s Second Amended Complaint under Federal Rule of Civil Procedure 12(b)(1). Defendant owns a hotel in Gilroy, California (the “Hotel”) that Plaintiff allegedly visited around June 29, 2021 to find that the Hotel was not compliant with the ADA. Plaintiff, who uses a wheelchair for mobility, has sued Defendant for failure to reasonably accommodate his disability under (1) the ADA, 42 U.S.C. § 12101, et seq.; and (2) California’s Unruh Act, Cal. Civ. Code §§ 51–53. Plaintiff seeks an injunction compelling Defendant to comply with the ADA and Unruh Act, equitable nominal damages under the ADA, statutory damages under the Unruh Act,…