Hurwicz

Johnson v. Hurwicz

Good Law
United States District Court, Northern District of CaliforniaFebruary 14, 20225:21-cv-02027California2,402 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 SCOTT JOHNSON, Case No. 5:21-cv-02027-EJD

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS ADA CLAIM;

v. DECLINING SUPPLEMENTAL

JURISDICTION OVER UNRUH ACT

PETER T. HURWICZ, et al., CLAIM Defendants. Re: Dkt. No.

Plaintiff Scott Johnson (“Plaintiff”) initiated this suit against Defendants Peter T. Hurwicz and Silicon Valley Auto Body, Inc. (“Defendants”), alleging violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Act. Plaintiff alleges that Defendants failed to provide wheelchair accessible parking. Pending before the Court is Defendants’ motion to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction. Dkt. No. 16. Defendants contend that the ADA claim is moot based on the undisputed declaration and report of a Certified Access Specialist (“CASp”),…

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