Johnson v. Do Raku, Inc.
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SCOTT JOHNSON, Case No. 21-cv-08188-CRB
Plaintiff,
ORDER GRANTING MOTION TO
v.
DISMISS FOR LACK OF
JURISDICTION
DO RAKU, INC., Defendant.
Before the Court is a motion to dismiss for lack of subject matter jurisdiction by Defendant Do Raku, Inc. See Mot. (dkt. 20). Do Raku argues that Plaintiff Scott Johnson lacks standing for injunctive relief because a CASp inspector has found that the barriers that allegedly violated the Americans with Disabilities Act (ADA) have been removed. The Court finds oral argument unnecessary and GRANTS Do Raku’s motion to dismiss. I. BACKGROUND Johnson is a California resident and “level C-5 quadriplegic” who uses a wheelchair for mobility. See Compl. (dkt. 1) ¶ 1. Do Raku owns i-Tea Do Raku, a restaurant in Milpitas, California. Id. ¶¶ 2-3. Johnson alleges that he went to the restaurant three times in August 2021, but was deterred because Do Raku had failed to provide…