Johnson v. Medvill 1, LLC

I. BACKGROUND

1 A. Factual Background 2 Plaintiff is a California resident with physical disabilities. FAC ¶ 1. He is a level C-5 3 quadriplegic who uses a wheelchair and specially equipped van for mobility. Id. Plaintiff is also a 4 serial ADA litigant who has filed over 1100 lawsuits in this district since October 2015. See Mot. 5 Exh. D, ECF No. 51-2 (results of search for cases).2 In this case, Plaintiff claims that Defendant 6 has violated—and continues to violate—the ADA and the Unruh Civil Rights Act (Cal. Civ. Code 7 §§ 51–53). FAC ¶¶ 34–49. Specifically, Plaintiff alleges that Defendant operates an acupuncture 8 clinic in Saratoga, California that is inaccessible to persons with disabilities. Id. ¶ 17. 9 Plaintiff alleges that during three visits to the clinic in May 2018 and June 2018, he 10 encountered three barriers at the clinic. Id. ¶¶ 9, 24. Plaintiff further alleges that those barriers 11 persist to this day. First, though the clinic has reserved a parking spot for persons with disabilities, 12 that parking spot lacks a “compliant access aisle.” Id. ¶ 13. Second, “the path of travel to the 13 [c]linic entrance requires a person to navigate steps for which there…