Spikes
Spikes v. Essel Commercial, L.P.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KAREL SPIKES, Case No.: 19cv1592 JM(MSB)
Plaintiff,
ORDER ON MOTION TO DISMISS
v. ESSEL COMMERCIAL, L.P.; HECTOR SANCHEZ doing business as 15 PRECISION MOTOR; and DOES 1-10, 16 Defendants. 17 Presently before the court is a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Defendants Essel Commercial, L.P., (“Essel”), and Hector Sanchez dba Precision Motor (“Precision Motor”), (collectively “Defendants”). (Doc No. 8.) The motion has been fully briefed and the court finds it suitable for submission on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). For the reasons set forth below, the motion is granted in part and denied in part. Background On August 24, 2019, Plaintiff filed this lawsuit asserting violation of the Americans with Disabilities Act (“ADA”) of 1990, 42 U.S.C. §12101, et seq., along with claims for violation of the California’s…