Garcia

Garcia v. RPC Old Town Avenue Owner, L.L.C.

Good Law
United States District Court, Southern District of CaliforniaMay 3, 20213:21-cv-00170California4,995 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ORLANDO GARCIA, Case No.: 21-cv-0170-GPC-KSC

Plaintiff,

ORDER DISMISSING CASE WITH

v. PREJUDICE

RPC OLD TOWN AVENUE OWNER, [ECF No. 3] LLC, a Delaware limited liability 15 company; and DOES 1 through 10, 16 Defendants.

Before this Court is a Motion to Dismiss (“MTD”) filed by Defendant RPC Old Town Avenue Owner, LLC (“Defendant”). ECF No. 3. Upon reviewing the moving documents and the record of the case, the Court GRANTS the MTD and DISMISSES with prejudice Plaintiff’s First Amended Complaint (“FAC”). I. BACKGROUND A. Procedural History Plaintiff filed his original Complaint in state court on November 5, 2020, alleging that Defendant violated the Americans with Disabilities Act of 1990 (“ADA”) and California’s Unruh Civil Rights Act (the “Unruh Act”). See ECF No. 1-2. Defendant 27 removed the case to federal court on January 29, 2021, and filed the instant MTD on March 1, 2021. ECF Nos. 1, 3. …

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