Johnson v. JKLM Properties, L.L.C.

I. BACKGROUND

19 Plaintiff Scott Johnson is a level C-5 quadriplegic. Complaint for Damages and Injunctive 20 Relief (“Compl.”) ¶ 1, Dkt. 1. He cannot walk, has significant manual dexterity impairments, uses 21 a wheelchair, and has a specially equipped van. Id. 22 Plaintiff went to Main Street Professional Center (“MSPC”), a property owned by 23 Defendant, once in each of May, June, and October of 2019 “to avail himself of its goods or 24 services, motivated in part to determine if the defendants comply with the disability access laws.” 25 Id. ¶ 8. MSPC is located in Milpitas, California. Id. ¶ 3. Plaintiff initiated this action on February 26 5, 2020, asserting violations of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C.

CASE NO.: 5:20-CV-01078-EJD

§ 12101, et seq., and California’s Unruh Civil Rights Act, Cal. Civ. Code § 51-53 (“Unruh Act”). Id. ¶¶ 20-22, 28. The Unruh Act provides that a violation of the ADA is a violation of the Unruh Act. Id. ¶ 27. Specifically, Plaintiff alleges Defendant violated the ADA because Defendant “failed to provide wheelchair accessible parking in conformance with the ADA Standards as it relates to…