Johnson v. Izaan, LLC

Good Law
United States District Court, Northern District of CaliforniaSeptember 30, 20223:21-cv-02664California2,153 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 21-cv-02664-JD

Plaintiff,

ORDER RE DEFAULT JUDGMENT

v.

IZAAN, LLC, Defendant.

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 (Unruh Act), against defendant Izaan, LLC, the alleged owner of New Tandoori Café, a restaurant in San Jose, California. Id. ¶¶ 2-3. Johnson asserts that the New Tandoori Café “lack[s] . . . sufficient knee or toe clearance under the outside dining surfaces for wheelchair users.” Id. ¶ 12. Izaan has not appeared in the case, and at Johnson’s request, the Clerk of Court has entered default as to Izaan. Dkt. No. 16. Johnson has moved for default judgment. Dkt. No. 17. The motion is granted in part. DISCUSSION I. JURISDICTION & SERVICE “In default…

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