Gastelum
Gastelum v. Tri-County Hospitality
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 FERNANDO GASTELUM, Case No. 21-cv-05291-VKD
Plaintiff,
ORDER DENYING MOTION TO
v. DISMISS FIRST AMENDED
COMPLAINT
TRI-COUNTY HOSPITALITY, Re: Dkt. No. 23, 28 Defendant.
13 Mr. Gastelum challenges accessibility barriers he claims he encountered at a hotel, the Quality Inn & Suites, allegedly owned or operated by defendant Tri-County Hospitality (“Tri- County”) in Gilroy, California. Tri-County moves pursuant to Rule 12(b)(1) to dismiss Mr. Gastelum’s first amended complaint (“FAC”) for lack of standing to seek injunctive relief under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12182, et seq. Dkt. No. 23. Tri-County also argues that the Court should dismiss Mr. Gastelum’s claim under the California Unruh Civil Rights Act (“Unruh Act”) or decline to exercise supplemental jurisdiction over that claim. Mr. Gastelum opposes Tir-County’s motion to dismiss for lack of subject…