Johnson v. Starbucks Corporation
Filing
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 10/23/18 DENYING 17 Motion for Summary Judgment. (Coll, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
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Plaintiff,
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No. 2:16-cv-02489-MCE-EFB
v.
MEMORANDUM AND ORDER
STARBUCKS CORPORATION; a
Washington corporation; and DOES 110,
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Defendants.
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Plaintiff Scott Johnson (“Plaintiff”) moves for summary judgment in this suit
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against a Sacramento area Starbucks coffee shop located at 3535 Elkhorn Blvd., North
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Highlands, California, for violations of the Americans with Disabilities Act (“ADA”),
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42 U.S.C. §§ 12101–12213 and California’s Unruh Civil Rights Act, Cal. Civ. Code § 51.
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Plaintiff contends that this store has a sales and service counter that is noncompliant
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with applicable guidelines, presenting a barrier to access. Defendant filed an opposition
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arguing that even if its counters do not comply with the general guideline, they are
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compliant under a provided exception. For the reasons below, Plaintiff’s motion for
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summary judgment is DENIED.1
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Having determined that oral argument would not be of material assistance, the Court ordered the
Motion submitted on the briefs pursuant to Local Rule 230(g).
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ANALYSIS
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The Federal Rules of Civil Procedure provide for summary judgment when “the
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movant shows there is no genuine dispute as to any material fact and the movant is
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entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v.
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Catrett, 477 U.S. 317, 322 (1986). In a summary judgment motion, the moving party
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always bears the initial responsibility of informing the court of the basis for the motion
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and identifying the portions in the record “which it believes demonstrate the absence of a
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genuine issue of material fact.” Celotex, 477 U.S. at 323. “However, if the nonmoving
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party bears the burden of proof on an issue at trial, the moving party need not produce
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affirmative evidence of an absence of fact to satisfy its burden.” In re Brazier Forest
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Prods. Inc., 921 F.2d 221, 223 (9th Cir. 1990). If the moving party meets its initial
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responsibility, the burden then shifts to the opposing party to establish that a genuine
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issue as to any material fact exists. Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,
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475 U.S. 574, 586–87 (1986); First Nat’l Bank v. Cities Serv. Co., 391 U.S. 253, 288–89
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(1968).
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A factual dispute must be shown by “cit[ing] to particular parts of materials in the
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record, including depositions, documents, electronically stored information, affidavits[,] or
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declarations . . . or other materials; or showing that the materials cited do not establish
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the absence or presence of a genuine dispute, or that an adverse party cannot produce
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admissible evidence to support the fact.” Fed. R. Civ. P. 56(c)(1). The opposing party
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must demonstrate the contended fact is material, that it might affect the outcome of the
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suit under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 251–52
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(1986); Owens v. Local No. 169, Assoc. of W. Pulp and Paper Workers, 971 F.2d 347,
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355 (9th Cir. 1987).
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The opposing party must also demonstrate the disputed material fact is genuine,
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such that a reasonable jury could return a verdict for the nonmoving party. Anderson,
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477 U.S. at 248. The analysis is “not whether there is literally no evidence, but whether
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there is any upon which a jury could properly proceed to find a verdict for the party
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producing it, upon whom the onus of proof is imposed.” Anderson, 477 U.S. at 251
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(quoting Improvement Co. v. Munson, 81 U.S. 442, 448 (1871)). As the Supreme Court
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explained, “[w]hen the moving party has carried its burden under Rule [56(a)], its
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opponent must do more than simply show that there is some metaphysical doubt as to
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the material facts.” Matsushita, 475 U.S. at 586. Therefore, “[w]here the record taken as
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a whole could not lead a rational trier of fact to find for the nonmoving party, there is no
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‘genuine issue for trial.’” Id. at 587. The opposing party’s evidence is to be believed,
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and all reasonable inferences that may be drawn from the facts placed before the court
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must be drawn in their favor. Anderson, 477 U.S. at 255. Still, the opposing party must
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produce a factual predicate for the inference. Richards v. Nielsen Freight Lines,
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602 F. Supp. 1224, 1244–45 (E.D. Cal. 1985), aff’d, 810 F.2d 898 (9th Cir. 1987).
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To prevail on a claim under Title III of the ADA, “a plaintiff must show that: (1) he
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is disabled within the meaning of the ADA; (2) the defendant is a private entity that owns,
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leases, or operates a place of public accommodation; and (3) the plaintiff was denied
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public accommodations by the defendant because of his disability.” Arizona ex rel.
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Goddard v. Harkins Amusement Enters., Inc., 603 F.3d 666, 670 (9th Cir. 2010). The
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third element is satisfied “if there was a violation of applicable accessibility standards.”
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Moeller v. Taco Bell Corp., 816 F. Supp. 2d 831, 847 (N.D. Cal. 2011) (citing
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Chapman v. Pier 1 Imports (U.S.), Inc., 631 F.3d 939, 945 (9th Cir. 2011); Donald v.
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Cafe Royale, 218 Cal. App. 3d 168, 183 (1990)). Generally, a facility is “readily
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accessible to and usable by individuals with disabilities” if it meets the ADA Accessibility
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Guidelines. Oliver v. Ralphs Grocery Co., 654 F.3d 903, 905 (9th Cir. 2011).
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Plaintiff contends Starbucks’ counters are noncompliant under the guidelines
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because they fail to provide a 36” wide transaction space under section 904.4.1, which
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provides, in pertinent part, that “[a] portion of the counter surface that is 36 inches
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(915 mm) long minimum and 36 inches (915 mm) high maximum above the finish floor
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shall be provided.” His motion ignores, however, a provided exception that Defendant
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contends controls: “Where the provided counter surface is less than 36 inches (915 mm)
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long, the entire counter surface shall be 36 inches (915 mm) high maximum above the
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finish floor.” Since Defendant has proffered evidence that their counters may comply
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with the exception, Plaintiff has failed to meet his burden of establishing he is entitled to
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judgment as a matter of law, and his Motion is DENIED.
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CONCLUSION
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For the reasons provided, Plaintiff’s Motion for Summary Judgment (ECF No. 17)
is DENIED.
IT IS SO ORDERED.
Dated: October 23, 2018
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