Johnson v. Supakam Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 SCOTT JOHNSON, Case No. 21-cv-04122-BLF

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

SUPAKAM CORP., [Re: ECF No. 19] Defendant.

12 Before the Court is Supakam Corp.’s (“Supakam”) Motion to Dismiss Plaintiff Scott Johnson’s Americans with Disability Act and California Unruh Act claims under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Supakam owns a Togo’s restaurant in San Jose, California that Mr. Johnson allegedly visited on three separate occasions in March and April 2021 to find that the restaurant did not have a wheelchair-accessible outdoor table. See Complaint, ECF No. 1 ¶¶ 8–14. Mr. Johnson, who is a C-5 quadriplegic who uses a wheelchair for mobility, sued Supakam for failure to reasonably accommodate his disability under (1) the ADA, 42 U.S.C. § 12101, et seq and (2) California’s Unruh Act, Cal. Civ. Code §§ 51–53. See id. ¶¶ 1, 22–33.…