Garcia

Garcia v. Quong Fook Tong

Good Law
United States District Court, Northern District of CaliforniaAugust 26, 20223:21-cv-05539California5,290 words

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. …

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