DiVittorio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 SCOTT JOHNSON, Case No. 21-cv-02026-SVK

Plaintiff,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No. 22 ROY J. DIVITTORIO, et al., Defendants.

Plaintiff Scott Johnson brings this lawsuit under the Americans with Disabilities Act (“ADA”) and the California Unruh Civil Rights Act, alleging that he encountered barriers during an October 2020 visit to Garcia’s Taqueria in Sunnyvale, California. Dkt. 1 (Complaint) ¶ 10. The barriers identified by Plaintiff include the dining surfaces and door handles at the restaurant. Id. ¶¶ 13-16, 20. The restaurant is owned by Defendant Garcia’s Taqueria Inc. and the property where the restaurant is located is owned by Defendants Roy J. DiVittorio and Adrienne L. DiVittorio, who are sued in their capacities as individuals and trustees of The DiVittorio Family Trust. Id. ¶¶ 2-5; Dkt. 10 ¶¶ 2-3; Dkt. 15 ¶¶ 2-5. The Parties have consented to the jurisdiction of a magistrate judge. Dkt. 7, 12, 16. Now before the Court is…