Hernandez

Johnson v. Hernandez

Good Law
69 F. Supp. 3d 1030·2014 WL 6670170·2014 U.S. Dist. LEXIS 164234
United States District Court, Eastern District of CaliforniaNovember 24, 2014No. 2:14-cv-01635-MCE-KJNCalifornia1,977 words

Opinion

Lead Opinion

England, J.

MEMORANDUM AND ORDER

Plaintiff Scott Johnson (“Plaintiff’) initiated this action against Defendants Florence B. Hernandez, in her individual and representative capacity as Trustee of the Florence B. Hernandez Trust, and Stop the Presses, Inc. (collectively “Defendants”) seeking damages and injunctive *1032 relief for violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.; California’s Unruh Civil Rights Act, California Civil Code §§ 51-53; California’s Disabled Persons Act, California Civil Code §§ 54-54.8; and for negligence. Presently before the Court is Defendants’ Motion to Dismiss for lack of subject matter jurisdiction (ECF No. 7). For the following reasons, the Motion is DENIED.

BACKGROUND

Plaintiff is a quadriplegic who cannot walk and has significant dexterity impairments. He uses a wheelchair for mobility and has a specially equipped van. Together, Defendants own and/or lease the property on which a Stop the Presses Printing Company (“Stop the Presses”) is located. 3 Stop the Presses is a business establishment and place of public accommodation.

Plaintiff avers that he has frequented Stop the Presses on more than one occasion and…

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