Johnson v. Cala Stevens Creek/Monroe, LLC

I. BACKGROUND

1 Plaintiff Scott Johnson has quadriplegia, which means he cannot walk and uses a 2 wheelchair to move through the world. As a consequence, he drives a specially equipped van for 3 which he has been issued a Disabled Person Parking Placard by the California Department of 4 Motor Vehicles. ECF No. 89-4 (“Johnson Decl.”) ¶ 3. According to Plaintiff, he visited Sunny 5 Valley Spa on at least five occasions: on June 19 2015; October 15, 2015; April 21, 2016; June 29, 6 2016; and July 12, 2016. Id. ¶ 4. During these visits, Plaintiff observed that although the property 7 had a parking space marked for use by persons with disabilities, it was not accessible to him. Id. ¶ 8 6. Specifically, Plaintiff alleged: (1) the parking stall and the access aisle were not level because a 9 ramp from the curb extended far into the access aisle, (2) the space lacked “[t]he mandated pole or 10 wall mounted signage with the wheelchair logo,” (3) the space lacked “[t]he required ‘Minimum 11 Fine $250’ sign,” and (4) the lot lacked “[t]he required tow-away signage.” ECF No. 89-1 (“Pl. 12 Mot. for Summ. Judgment”) at 4-5. These problems, says Plaintiff, rendered the parking at the…