United States District Court, E.D. California
ORDER DENYING DEFENDANTS' MOTION TO
A. MENDEZ, UNITED STATES DISTRICT JUDGE.
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
FACTUAL ALLEGATIONS AND PROCEDURAL BACKGROUND
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.
Request for Judicial Notice
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).
request judicial notice of the following:
1. State Bar of California Attorney Licensee Profile for
Scott Norris Johnson, available at
2. Disabled Access Prevents Injury, Inc.'s Statement of
Information filed with the California Secretary of State on
December 14, 2015, available at
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