Johnson v. Kuma Kuma LLC

I. BACKGROUND

1 A. Facts 2 Johnson is a quadriplegic and ADA tester who uses a wheelchair. Compl. ¶ 1; 3 Johnson Decl. ¶¶ 2–3. According to Johnson, he visited Hanabusa Café (owned by Kuma 4 Kuma LLC) “in October 2021 and December 2021” and discovered that it did not have 5 “wheelchair accessible inside and outside dining surfaces in conformance with the ADA 6 Standards” due to “lack of sufficient knee or toe clearance.” Compl. ¶¶ 8, 10, 12. 7 Johnson claims to have photographed his experience, and his counsel sent an investigator 8 to the establishment to document the barriers he identified. Johnson Decl. ¶ 6; Marquis 9 Decl. (dkt. 22-5). Johnson also allegedly plans to revisit Hanabusa Café after “it is 10 represented to him that the Restaurant and its facilities are accessible” but is currently 11 deterred from doing so. Compl. ¶ 20; Johnson Decl. ¶ 9. Johnson subsequently filed this 12 suit against Kuma Kuma LLC under the ADA, 42 U.S.C. § 12101, et seq., and the Unruh 13 Act, Cal. Civ. Code §§ 51–53. Compl. ¶¶ 22–33. 14 B. Procedural History 15 Johnson filed his complaint on March 3, 2022. After Hanabusa Café failed to 16 answer, Johnson moved for default…