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 FOR

SUMMARY JUDGMENT

v. Re: Dkt. No. 43 SIMPER INVESTMENTS, INC., Defendant. 12 Plaintiff Scott Johnson brought this lawsuit against Defendant Simper Investments, Inc., alleging violations of the Americans with Disabilities Act of 1990 (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”). See Dkt. No. 17. Pending before the Court is Defendant’s motion for summary judgment, for which briefing is complete. See Dkt. Nos. 43 (“Mot.”), 45 (“Opp.”), and 47 (“Reply”). Having carefully considered the parties’ arguments, the Court DENIES Defendant’s motion.1 I. BACKGROUND A. Factual Background Plaintiff is a level C-5 quadriplegic who cannot walk, has significant manual dexterity impairments, uses a wheelchair, and has a specially equipped van. Dkt. No. 27 (“SAC”) ¶ 1. Plaintiff is a self-described “ADA Tester,” which means he “actively…