Whitaker
Whitaker v. Tesla Motors, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
23 Plaintiff suffers from a C-4 spinal cord injury and uses a wheelchair for mobility. 24 (Doc. No. 1 ¶ 1.) Tesla owned the dealership located at or about 7007 Friars Road, San 25 Diego, California in June 2019, and currently owns the dealership (the “Dealership”). (Id. 26 ¶ 2–3.) The Dealership is open to the public. (Id. ¶ 9.) 27 Plaintiff went to the Dealership in June 2019 with the intention to avail himself of 28 its goods, motivated in part to determine if Defendants comply with the disability access laws. (Id. ¶ 8.) According to Plaintiff, Defendants failed to provide accessible service counters. (Id. ¶¶ 11–13.) The failure to provide accessible facilities created difficulty and discomfort for Plaintiff. (Id. ¶ 14.) Plaintiff is further deterred from availing himself of Tesla’s goods because of his knowledge of the existing barriers. (Id. ¶ 17.) However, Plaintiff will return to Defendant to avail himself of its goods and to determine compliance with the disability access laws once it has represented to him that Defendant and its facilities are accessible. (Id.) On June 26, 2019, Plaintiff filed a complaint with this …