Love

Love v. iCustom Clothing LLC

Good Law
United States District Court, Northern District of CaliforniaAugust 2, 20215:20-cv-02093California7,124 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 A. Factual Background 24

1 Plaintiff’s motion for default judgment contains a notice of motion that is contained in a separate document from the points and authorities in support of the motion. ECF No. 13, at 1. Civil Local Rule 7-2(b) provides that the notice of motion and points and authorities must be contained in one document with the same pagination. Plaintiff, a resident of California, is a paraplegic and uses a wheelchair for mobility. Compl. at ¶ 1. Defendant, a California limited liability company, owns iCustom, a clothing business that is located in San Jose, California. Id. at ¶ 2–3. Plaintiff’s complaint states only that Plaintiff visited iCustom in January of 2020, but does not provide a specific date. Id. at ¶ 8. Plaintiff only provided a specific date for his visit to iCustom in a declaration in support of the motion for default judgment. See ECF No. 13-4, at ¶ 3 (“Love Decl.”). In his declaration, Plaintiff alleges that he visited iCustom on January 9, 2020. Id. Plaintiff alleges that iCustom is “a facility open to the public, a place of public accommodation, and…

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