Johnson v. Rosvin, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 SCOTT JOHNSON, Case No. 21-cv-06760-TSH
Plaintiff,
ORDER RE: MOTION TO REQUIRE
v. PLAINTIFF TO ESTABLISH
STANDING
ROSVIN, INC., Re: Dkt. No. 26 Defendant.
13 Plaintiff Scott Johnson brings this case under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq. and California’s Unruh Act, Cal. Civ. Code §§ 51-53, to compel Defendant Rosvin, Inc. to provide accessible dining surfaces at Divino Ristorante, located at 968 Ralston Avenue, Belmont, California. Rosvin now moves the Court “to order plaintiff and his lawyer to establish that standing exists to bring this lawsuit.” ECF No. 26. Johnson opposes the motion. ECF No. 32. Federal courts “have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). Johnson bears the burden of establishing federal subject matter 23 …