Johnson v. Smith

Good Law
United States District Court, Northern District of CaliforniaAugust 31, 20223:21-cv-05646California396 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 21-cv-05646-TSH

Plaintiff,

ORDER TO SHOW CAUSE

v.

DANIEL H. SMITH, et al., Defendants.

12 In this case, Plaintiff Scott Johnson alleges Defendants Daniel and Wilma Smith have violated the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq., and California’s Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53, because they failed to provide wheelchair accessible parking at their business. However, on August 31 Johnson filed a Notice of Indication of Mootness of ADA Claim for Injunctive Relief, stating that Defendants have provided sufficient evidence that “the subject business has undergone full remediation to all barriers listed in Plaintiff’s Complaint. This suggests Plaintiff’s claim for injunctive relief moot.” ECF No. 35. “Once a defendant has remedied all ADA violations complained of by a plaintiff, the plaintiff’s claims become moot and he or she loses standing.” Whitaker v. Chanel,…

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