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United States District Court for the Central District of California
October 26, 2021, Decided; October 26, 2021, Filed
Case No. 2:21-cv-02716-ODW (PLAx)
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION 
On March 30, 2021, Plaintiff Chris Langer brought suit against Defendant B.R. Guest. (Compl., ECF No. 1.) On June 1, 2021, Plaintiff filed the operative First Amended Complaint ("FAC"), which Defendant now moves to dismiss pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(1) and 12(b)(6). (FAC, ECF No. 17; Mot. Dismiss ("Mot."), ECF No. 18.) For the reasons that follow, the Court GRANTS the Motion and dismisses the action.
II. FACTUAL AND PROCEDURAL BACKGROUND
The essential allegations of this case are uncontested and include the following. Plaintiff is hard of hearing. (FAC ¶ 10.) Defendant is the owner of a hotel in Santa Barbara and operates a website which can be used to access [*2] information about the hotel and make reservations. (FAC ¶¶ 12-13.) In February 2021, Plaintiff visited Defendant's website and attempted to view a video titled "Pacific Crest Hotel Santa Barbara." (FAC ¶ 17.) Plaintiff struggled to view and understand the video because it lacked closed captioning. (FAC ¶¶ 16-17.) Plaintiff alleges that the lack of closed captioning constitutes an access barrier in violation of the Americans with Disabilities Act ("ADA"). (FAC ¶¶ 18-24.) Thereupon, Plaintiff asserts two causes of action: one for violation of the ADA (FAC ¶¶ 35-41a) and the second for violation of California's Unruh Civil Rights Act ("Unruh Act") (FAC ¶¶ 41b-44).
Defendant seeks to dismiss both claims on the alternative grounds of Rule 12(b)(1) for lack of standing and Rule 12(b)(6) for failure to state a claim. For the reasons that follow, the Court dismisses the claims with prejudice on the basis of Rule 12(b)(1). The Court does not decide whether the FAC would also be dismissed under Rule 12(b)(6).
III. LEGAL STANDARD
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2021 U.S. Dist. LEXIS 206570 *; 2021 WL 4974039
CHRIS LANGER, Plaintiff, v. B.R. GUEST, Defendant.
website, mootness, video, subject matter jurisdiction, captioning, supplemental jurisdiction, district court, barriers, allegations, declares, declines
Civil Procedure, Justiciability, Standing, Injury in Fact, Constitutional Law, Case or Controversy, Elements, Jurisdiction, Subject Matter Jurisdiction, Jurisdiction Over Actions, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Evidence, Burdens of Proof, Allocation, Mootness, Voluntary Cessation Exception, Civil Rights Law, Protection of Disabled Persons, Americans With Disabilities Act, Remedies, Conduct Capable of Repetition, Real Controversy Requirement, Judicial Officers, Judges, Discretionary Powers, Supplemental Jurisdiction, Pendent Jurisdiction, Same Case & Controversy, Pendent Claims, Protection of Rights, Americans With Disabilities Act