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Johnson v. Alhambra & O Associates

United States District Court, E.D. California

June 21, 2019

Scott Johnson, Plaintiff,
v.
Alhambra & O Associates, a California General Partnership; Chang Haan; and Does 1-10, Defendants.

          ORDER DENYING DEFENDANTS' MOTION TO DISMISS

          JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE.

         Plaintiff Scott Johnson filed a complaint against Defendants Alhambra & O Associates and Chang Haan for alleged violations of the Americans with Disabilities Act (“ADA”) and the Unruh Civil Rights Act. Compl., ECF No. 1. Plaintiff's complaint invoked the Court's federal question and supplemental jurisdiction. Compl. ¶¶ 11-12 (citing 42 U.S.C. § 1331, 1343(a)(3) & (a)(4)), see also 28 U.S.C. § 1367. Shortly after, Defendants filed a motion to dismiss under Rule 12(b)(1), arguing Plaintiff lacked standing to sue. Mot. to Dismiss (“Mot”), ECF No. 8. For the reasons discussed below, the Court DENIES Defendants' Motion to Dismiss.[1]

         I. FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND

         Plaintiff is a level C-5 quadriplegic who requires a wheelchair and specially-equipped van for transportation. Compl. ¶ 1. In October and December of 2018, Plaintiff visited Alhambra Mail & Parcel (“Alhambra Mail”), “motivated in part to determine if the defendants compl[ied] with the disability access laws.” Compl. ¶ 14. During those visits, Plaintiff identified several features of Alhambra Mail's facility that he believed did not comply with the ADA and Unruh Civil Rights Act. Compl. ¶¶ 17-31. Plaintiff alleges he encountered each of these barriers and, as a result, was denied full and equal access to the facility. Compl. ¶¶ 31-32.

         II. OPINION

         A. Request for Judicial Notice

         A court may take judicial notice of a fact “that is not subject to reasonable dispute because it is generally known within the trial court's territorial jurisdiction” or “can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Fed.R.Evid. 201(b). Generally, public records maintained on government websites are proper subjects of judicial notice. Ryan v. City of Lincoln, No. 18-cv-00096-KJM-DB, 2018 WL 6415640 at *2 (E.D. Cal. Dec. 6, 2018). Likewise, a party may seek judicial notice of geographical information from Google Maps if sought to determine the general location of a building or calculate distance. United States v. Perea-Rey, 680 F.3d 1179, 1182 n.1 (9th Cir. 2012) (citing Citizens for Peace in Space v. City of Colorado Sprints, 477 F.3d 1212, 1219 n.2 (10th Cir. 2007).

         Defendants request judicial notice of the following:

1. State Bar of California Attorney Licensee Profile for Scott Norris Johnson, available at http://members.calbar.ca.gov/fal/Licensee/Detail/16695 (RJN, Ex. A);
2. Disabled Access Prevents Injury, Inc.'s Statement of Information filed with the California Secretary of State on December 14, 2015, available at https://businesssearch.sos.ca.gov/Document/RetrievePDF?Id=030649 84-20098374 (RJN, Ex. B);
3. Google Maps navigation showing distance between 5124 Kovanda Avenue, Carmichael, California, and 3104 O Street, Sacramento, California; available at https://goo.gl/maps/9DKSDcWmFcK2 (RJN, Ex. C);
4. Google Maps showing all “copy shops” within approximately ten miles or less from 5124 Kovanda Avenue, Carmichael, California, available at https://goo.gl/maps/MgkoWoqWMHA2 (RJN, Ex. D);
5. Google Maps Street View image of 5150 Fair Oaks Boulevard, Carmichael California, available at https://goo.gl/maps/hNsF1zBvUtM2 (RJN, Ex. E);
6. UPS Store Carmichael, California Location, providing the store location's street address, available at ...

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