Gastelum

I. BACKGROUND

1 A. Factual Background 2 The following recitation of facts is based on the Second Amended Complaint (“SAC”) and 3 the declarations submitted by the parties in their motion to dismiss and summary judgment 4 briefings. Where appropriate, descriptions of the relevant factual and procedural background are 5 taken from the Court’s order on Defendant’s motion to dismiss Plaintiff’s First Amended 6 Complaint (“FAC”). See Order Granting in Part Defendant’s Motion to Dismiss First Amended 7 Complaint for Lack of Standing (“Prior Order”), ECF No. 36. 8 Plaintiff, who appears pro se, alleges that on June 30, 2021, he visited the Hampton Inn & 9 Suites Gilroy (“Hotel”) located at 5975 Travel Park Circle, Gilroy, California 95020, owned by 10 Defendant. Second Amended Complaint (“SAC”), ECF No. 37, ¶¶ 3, 10. Gastelum is missing a 11 leg and uses a wheelchair for mobility, and he has a specially equipped sport utility vehicle. Id. ¶ 12 1. He alleges that he went to the Hotel to avail himself of their goods or services and, in part, to 13 determine if the Hotel is compliant with disability access laws. Id. ¶ 21. 14 Gastelum contends that the Hotel provides a passenger…