Johnson v. 12 N Park Victoria LLC

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. 17, 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 level C-5 quadriplegic. Compl. at ¶ 1. Plaintiff uses a wheelchair for mobility because he cannot walk and drives a specially equipped van for transportation. Id. Plaintiff alleges that in June of 2019, October of 2019, and January of 2020, he visited the Shell Gas Station owned by Defendants in Milpitas, California (“Shell Gas Station”). Id. at ¶¶ 10, 3–5. Plaintiff alleges that the Shell Gas Station is “a facility open to the public, a place of public accommodation, and a business establishment.” Id. at ¶ 11. Plaintiff alleges that Defendant 12 N Park Victoria LLC owns the real property at the location of the Shell Gas Station, and that Defendant Khalilzadeh owns the Shell Gas Station. Id. at ¶ 3,…