Johnson v. Qolor LLC

Good Law
United States District Court, Northern District of CaliforniaAugust 12, 20223:21-cv-08475California1,328 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SCOTT JOHNSON,

Case No. 21-cv-08475-RS Plaintiff, 11 v. ORDER DENYING MOTION FOR DEFAULT JUDGMENT

QOLOR LLC,

13 Defendant.

I. INTRODUCTION Plaintiff Scott Johnson moves for default judgment against Qolor LLC in this action brought under the Americans with Disabilities Act (“ADA”) and the Unruh Civil Rights Act. Johnson seeks damages, attorneys’ fees and costs, and an injunction requiring Qolor to provide wheelchair accessible outside dining surfaces at Qolor’s Nam Giao Restaurant. Johnson argues he was denied public accommodations because the outdoor dining tables were not ADA-compliant. However, his Complaint does not aver any facts about the indoor dining facilities, among other deficiencies. Thus, it is unclear whether his complaint is meritorious; at the least, it makes default judgment inappropriate at this juncture. For the reasons further set out below, the motion is 24 …

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