Johnson v. Hub's Coffee LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 21-cv-03904-SVK
Plaintiff,
ORDER ON MOTION TO DISMISS
v. Re: Dkt. No. 11 HUB'S COFFEE LLC, Defendant.
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 visits to Hub’s Coffee in San Jose, California in March 2021 and April 2021. Dkt. 1 (Complaint) ¶¶ 3, 8. The barriers identified by Plaintiff include the sales counters and dining surfaces at the restaurant. Id. ¶¶ 10-19. Plaintiff alleges that Hub’s Coffee is owned by Defendant Hub’s Coffee, LLC. Id. ¶¶ 2-3. The Parties have consented to the jurisdiction of a magistrate judge. Dkt. 7, 13. Now before the Court is Defendant’s motion to dismiss the Complaint for lack of subject matter jurisdiction. Dkt. 11. Pursuant to Civil Local Rule 7-1(b), the Court deems this matter suitable without oral argument. For the reasons that follow,…