Johnson v. Simper Investments, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 20-cv-01061-HSG

Plaintiff, ORDER DENYING MOTION TO

DISMISS SECOND AMENDED

v. COMPLAINT

SIMPER INVESTMENTS, INC., Re: Dkt. No. 29 Defendant.

12 Pending before the Court is Defendant’s motion to dismiss Plaintiff’s second amended complaint (“SAC”). Dkt. No. 29 (“Mot.”). The Court previously granted Defendant’s motion to dismiss Plaintiff’s first amended complaint because Plaintiff failed to identify the names and addresses of the businesses at the Main St. Auto Center he allegedly tried to visit to test compliance with Americans with Disabilities Act (“ADA”) requirements. Dkt. No. 26 at 2-3. Plaintiff now identifies those businesses as including AAMCO Transmission and Precision Tune Auto Care. Dkt. No. 27 SAC ¶¶ 9-16. The Court finds that the businesses are sufficiently identified to allow Defendant to respond to Plaintiff’s allegations and rejects Defendant’s arguments to…