Johnson v. Shiva Rental, LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SCOTT JOHNSON, No. 2:16-cv-02239-MCE-AC Plaintiff, v. MEMORANDUM AND ORDER SHIVA RENTAL, LLC, a California Limited Liability Company; HYPHY SMOKERS CLUB INC., a California Corporation; and DOES 1-10, 16 Defendants. 17 18 Through this suit, Plaintiff Scott Johnson sought damages and injunctive relief against Defendants Shiva Rental, LLC (“Shiva”) and Hyphy Smokers Club, Inc. (“Hyphy”) for violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101–12213, as well as California’s Unruh Civil Rights Act, Cal. Civ. Code § 51. Plaintiff claims he encountered various physical barriers when attempting to access the Hyphy Smokers Club, a store in Stockton, California, operated by Defendant Hyphy on premises owned by Defendant Shiva. On October 24, 2016, the Court entered default as to Hyphy. ECF No. 6. The remaining Defendant, Shiva, answered Plaintiff’s Complaint on December 29, 2016. ECF No. 11. Plaintiff thereafter…