Gastelum

Gastelum v. Burlington Stores, Inc.

Good Law
United States District Court, Southern District of CaliforniaFebruary 1, 20243:23-cv-02091California2,371 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, Case No.: 23-CV-2091-CAB-DEB

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

BURLINGTON STORES, INC., [Doc. No. 4] Defendant. 16 17 This matter is before the Court on Defendant’s motion to dismiss the complaint for failure to state a claim. The motion has been fully briefed, and the Court deems it suitable for submission without oral argument. For the following reasons, the motion is granted, and the complaint is dismissed with leave to amend. I. Background According to the complaint, pro se Plaintiff Fernando Gastelum is disabled insofar as he is missing his left leg. Although he resides in Arizona, Gastelum alleges he visited a total of fourteen of Defendant’s stores—twelve throughout California, and two in Arizona—and that he “was denied full and equal access because at each of the Stores, the clear width of accessible routes between rows of…

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