Garcia
Garcia v. Quong Fook Tong
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ORLANDO GARCIA,
Case No. 21-cv-05539-JCS Plaintiff, 8 v. ORDER GRANTING MOTION TO DISMISS PURSUANT TO FRCP QUONG FOOK TONG, 12(b)(1) AND (h)(3) 10 Defendant. Re: Dkt. No. 27
12 I. INTRODUCTION Defendant Quong Fook Tong brings a Motion to Dismiss Pursuant to FRCP 12(b)(1) and (h)(3) (“Motion”), asking the Court to dismiss Plaintiff Orlando Garcia’s First Amended Complaint for lack of subject matter jurisdiction. A hearing on the Motion was held on August 26, 2022. For the reasons discussed below, Tong’s motion is GRANTED.1 II. BACKGROUND A. Factual Background Plaintiff Orlando Garcia suffers from cerebral palsy, cannot walk, has manual dexterity issues, and uses a wheelchair for mobility. First Amended Complaint (FAC”) ¶ 1. Defendant Quong Fook Tong owns the property in San Francisco on which a lingerie store called Tartas’ Secret (“the Business”) operates. …