Sotoodeh

Johnson v. Sotoodeh

Good Law
United States District Court, Northern District of CaliforniaFebruary 24, 20215:20-cv-06150California2,002 words

Opinion

Trial Court Opinion

I. BACKGROUND1

22 On August 31, 2020, Plaintiff initiated this action against Sotoodeh, asserting violations of 23 the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act. Dkt. 24 No.1, Complaint. Plaintiff seeks injunctive relief under the ADA and damages under the Unruh

26 1 The Background is a summary of the allegations in the Complaint and Counterclaim. CASE NO.: 5:20-CV-06150-EJD

ORDER GRANTING MOTION TO STRIKE COUNTERCLAIM; LIFTING GENERAL

Act. Id. at 7-8. Plaintiff is a level C-5 quadriplegic who uses a wheelchair for mobility and has a specially equipped van. Id. ¶ 1. He alleges that he visited Sotoodeh’s real property located at or about 265 Meridian Avenue, San Jose, California, in March 2020 and July 2020 (the “Business Park”) “to avail himself of its goods or services motivated in part to determine if the defendants comply with the disability access laws.” Id. ¶ 8. On the dates of Plaintiff’s visit, wheelchair accessible parking was unavailable because a large dumpster was obstructing the access aisle. Id. ¶¶ 11-13. In addition, on the dates of Plaintiff’s visits, Sotoodeh failed to provide…

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