Whitaker

I. BACKGROUND

23 Plaintiff suffers from a C-4 spinal cord injury and uses a wheelchair for mobility. 24 (Doc. No. 21 ¶ 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 27 1 Defendant asserts in its brief that its correct corporate name is Tesla, Inc.—not Tesla Motors, Inc. ¶ 2–3.) The Dealership is open to the public and has service counters for its patrons. (Id. at ¶ 8–9.) In June 2019, Plaintiff went to the Dealership with the intention of availing himself of its goods, and motivated in part to determine if Defendant complies with the disability access laws. (Id. ¶ 7.) According to Plaintiff, Defendant failed to provide accessible service counters. (Id. ¶ 10.) Plaintiff alleges that Defendant’s showroom had three tables with bar stools and computers, which were utilized as service counters. (Id. ¶ 11.) They were 40 inches high, with no lowered portions for persons in wheelchairs. (Id. ¶ 12.) Plaintiff claims that by failing to provide lowered service counters, Defendant denied him, as a wheelchair user, full and…