Rando

Johnson v. Rando

Good Law
United States District Court, Northern District of CaliforniaJuly 15, 20215:21-cv-00673California3,616 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 Plaintiff alleges that he is a level C-5 quadriplegic who cannot walk and has significant 24 manual dexterity impairments. Compl. ¶ 1. He uses a wheelchair for mobility and has a specially 25 equipped van. Id. According to Plaintiff, Defendant, in individual and representative capacity as 26 trustee of The Marissa Rando 2015 Revocable Trust dated January 26, 2015, owned the real 27 property located at or about 354 Umbarger Rd, San Jose, California, upon which “354 Umbarger Rd Center” operates, in July and August 2020 and currently owns the property. Id. ¶¶ 2–3. Plaintiff alleges that in July and August 2020, he personally visited 354 Umbarger Rd Center (“Business Center”), a place of public accommodation. Id. ¶¶ 8–9. During his visit, he allegedly discovered that Defendant failed to provide wheelchair accessible parking in compliance with the ADA. Id. ¶¶ 10–11. Plaintiff alleges that although there was ADA signage in front of a parking space at the Business Center, “[t]he ADA parking space, if it ever existed, has been allowed to fade to oblivion.” Id. ¶ 12. Plaintiff alleges that the existence of the barriers and the potential …

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