Johnson v. Noelani's LLC

Good Law
United States District Court, Northern District of CaliforniaSeptember 13, 20223:21-cv-04352California440 words

Opinion

Trial Court Opinion

I. BACKGROUND

17 Plaintiff is a level C-5 quadriplegic who uses a wheelchair for mobility. Compl. ¶ 1, 18 Dkt. 1. Defendant, a California limited liability company (“LLC”), owns Noelani’s Island 19 Grill (the “Restaurant”), located at 1037 Laurel Street in San Carlos, California. Id. ¶¶ 2-3. 20 Plaintiff visited the Restaurant in March 2021 and May 2021. Id. ¶ 8. According to 21 Plaintiff, the Restaurant is not ADA compliant because it fails to provide wheelchair 22 accessible outside dining surfaces. Id. ¶ 10. Specifically, Plaintiff encountered a lack of 23 sufficient knee or toe clearance under outside dining surfaces for wheelchair users. Id. 24 ¶ 12. Other outside dining surfaces were too low. Id. 25 In his Complaint, Plaintiff brings causes of action for: (1) violation of the Americans 26 with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101, et seq.; and (2) violation of 27 California’s Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53. Defendant moves to dismiss the Complaint. Dkt. 10. The motion is filed and signed by Tarantino, whose relationship to 2|| Defendant is unspecified. No counsel has appeared on behalf of Defendant.

II. DISCUSSION

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