Johnson v. The Christeni Group LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 3:21-cv-01620-JD

Plaintiff,

ORDER RE MOTION TO DISMISS

v.

THE CHRISTENI GROUP LLC, Defendant.

12 Plaintiff Scott Johnson is a quadriplegic and requires a wheelchair for mobility. Dkt. No. 1 ¶ 1. He has alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), and the California Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53, against defendant The Christeni Group LLC (Christeni), which owns and operates a restaurant called Willard Hicks Campbell in Campbell, California. Id. ¶¶ 2-3. The complaint alleged that Christeni “failed to provide wheelchair accessible dining surfaces in conformance with the ADA Standards,” id. ¶ 10, and specifically that there was a “lack of sufficient knee and toe clearance under the dining surfaces for wheelchair users,” id. ¶ 13. Christeni has asked to dismiss Johnson’s complaint under Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter…