Salinas v. Felcor Hotel Asset Company, LLC

Good Law
United States District Court, Southern District of CaliforniaApril 13, 20213:21-cv-00346California802 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 8 GILBERT SALINAS, Case No.: 3:21-cv-346-CAB-AGS

Plaintiff,

ORDER SUA SPONTE REMANDING

v. CASE TO STATE COURT FELCOR HOTEL ASSET COMPANY, LLC; BHR OPERATIONS, LLC; and

DOES 1-10;

14 Defendants.

16 The original complaint in this action, filed in state court, asserted one claim under 17 federal law for violation of the Americans with Disabilities Act (“ADA”), along with a 18 claim for violation of California’s Unruh Act. Defendants Felco Hotel Asset Company, 19 LLC and BHR Operations, LLC (collectively “Defendants”) removed the action to this 20 Court under 28 U.S.C. § 1441(a) based on the existence of a federal question (the ADA 21 claim) and supplemental jurisdiction over the state claims. Defendants subsequently filed 22 a motion to dismiss the complaint. [Doc. No. 9.] 23 On April 10, 2021, Plaintiff amended his complaint in response to Defendants’ 24 motion to dismiss. [Doc. No. 11.] Plaintiff’s First Amended Complaint (“FAC”) drops 25 the ADA claim and…

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