Macias

Macias v. Fasail

Good Law
United States District Court, Northern District of CaliforniaJuly 1, 20215:19-cv-00728California8,848 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 A. Factual Background 24 Plaintiff, a resident of San Jose, California, suffers from lupus, severe arthritis, spinal 25 stenosis, and diabetes. ECF No. 1 (“Compl.”) ¶ 6. Plaintiff uses a walker and a wheelchair for 26 mobility. Id. In this case, Plaintiff alleges that architectural barriers exist at A Bite of Wyoming 27 restaurant in San Jose, California (“the Restaurant”) that violate Plaintiff’s rights under the ADA and several California statutes. Id. ¶¶ 9–13. Plaintiff alleges that “[t]he Restaurant and its facilities are ‘places of public accommodation’ as defined under Title III of the ADA . . . and California civil rights laws.” Id. ¶ 9. Plaintiff alleges that Defendants Fasail, Chau, and Somora, Inc. (“Somora”) are liable as “the owners, operators, lessors, and/or lessees” of the Restaurant. Id. ¶ 7. Plaintiff alleges that she “has been a frequent patron to the Restaurant and has been there around at least 10 times” between February 2018 and February 2019. Id. ¶ 11. Plaintiff alleges that, during her visits, “Plaintiff persistently encountered barriers, structural in nature, to her full and equal access to the…

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