Gastelum

I. BACKGROUND

23 Plaintiff Gastelum appearing pro se alleges that on June 30, 2021, he visited the Hampton 24 Inn & Suites Gilroy (“Hotel”) located at 5975 Travel Park Circle, Gilroy, California 95020, owned 25 by Defendant. First Amended Complaint (“Amended Complaint”), Dkt. No. 27 ¶¶ 3, 8. Gastelum 26 Case No.: 5:21-cv-06234-EJD

ORDER GRANTING IN PART MOTION TO DISMISS FIRST AMENDED COMPLAINT FOR

is missing a leg and uses a wheelchair for mobility, and he has a specially equipped sport utility vehicle. Id. ¶ 1. He alleges that he went to the Hotel to avail himself of their goods or services and, in part, to determine if the Hotel is compliant with disability access laws. Id. ¶ 8. Gastelum contends that the Hotel provides a passenger loading zone located outside the lobby that lacks a marked access aisle as required by Section 503.3.3 of the Americans with Disabilities Act (“ADA”) 2010 Standards for Accessible Design (“2010 Standards”). Id. ¶ 9. Gastelum alleges that because it is not marked, non-disabled guests are permitted to use the passenger loading zone, making it more difficult for him to enter and exit the lobby. Id.…