Johnson v. Shobeiri
- Virginia Demarchi
- 5:18-cv-04816
- U.S. District Court · Northern District of California
- 15
In Johnson v. Shobeiri, Judge Demarchi granted in part and denied in part Johnson’s fee motion, awarding $8,310 in fees and $870 in costs.
Scott Johnson and defendants Ali and Ebi Shobeiri, because the order determined the attorneys’ fees and costs awarded after their stipulated judgment.
What happened
In Johnson v. Shobeiri, Scott Johnson sued under the Americans with Disabilities Act and California’s Unruh Civil Rights Act, alleging that architectural barriers at Navarra Auto limited his access. The parties later agreed to a judgment requiring accessibility changes and an $8,000 payment to Johnson, with fees and costs to be decided by the court.
Johnson requested $16,267 in attorneys’ fees and $870 in costs. The defendants did not oppose the costs but argued that the requested fees were excessive. The court evaluated the lawyers’ hourly rates and billed hours using the lodestar method, which calculates fees by multiplying reasonable hours by reasonable hourly rates.
Judge Demarchi granted in part and denied in part the motion. She awarded $8,310 in attorneys’ fees and $870 in costs, for a total of $9,180, and ordered the Clerk to enter an amended judgment.
The detailed version
- Johnson v. Shobeiri · No. 5:18-cv-04816
- Virginia Demarchi
- Oct. 24, 2019
Background
Scott Johnson brought claims under Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He alleged that architectural barriers at Navarra Auto denied him full and equal access during two visits, including a noncompliant accessible parking space and a transaction counter that was too high. The opinion states that Ali and Ebi Shobeiri own Navarra Auto.
The parties stipulated to a judgment requiring the defendants to provide a fully accessible van parking space and a lowered transaction counter, maintain the property in compliance with applicable standards, and pay Johnson $8,000 in statutory penalties. The court entered that judgment on April 30, 2019, leaving attorneys’ fees and costs for later determination.
Johnson moved for $16,267 in attorneys’ fees and $870 in costs. After the court requested supplemental information, his counsel reduced the requested fee hours by 2.6 hours. The defendants did not object to the $870 cost request and agreed that Johnson was entitled to some attorneys’ fees, but argued that the requested amount was excessive.
Court’s Analysis
The court applied the lodestar approach. Under that method, a reasonable fee is calculated by multiplying the number of hours reasonably spent on the litigation by a reasonable hourly rate. The court found that Johnson had provided insufficient evidence to support several of the requested rates and that the case involved straightforward legal issues rather than novel or difficult questions.
The court set the following hourly rates: $475 for Mark Potter and Phyl Grace; $350 for Dennis Price, Chris Carson, and Amanda Seabock; and $300 for Jennifer McAllister. The court did not set a reasonable rate for Prathima Price because all of her billed time involved clerical tasks for which fees were not permitted.
The court declined to reduce the award based on the defendants’ comparison to their own $5,000 legal bill, because the defendants offered no authority showing that comparison was relevant. It also declined to reduce the award for alleged overstaffing because the defendants identified no specific redundant work, improper delegation, or duplicative billing.
The court did deduct time for clerical tasks, including attorney time spent instructing assistants to file or serve documents, send documents, and communicate about scheduling and other matters. It also deducted time related to the January 8, 2019 order requiring Johnson to explain why the case should not be dismissed for failure to prosecute, reasoning that the order would not have been necessary if Johnson had timely filed the required mediation notice or requested an extension. Finally, the court deducted $195 for time spent reviewing the firm’s billing statement because Johnson cited no authority supporting recovery of that time.
The court found no basis for increasing or decreasing the lodestar through an additional multiplier. It calculated the lodestar at $8,310 based on the reasonable rates and hours. The court separately found that the requested $870 in costs was supported by the record and should be awarded in full.
Disposition
Judge Demarchi granted in part and denied in part Johnson’s motion for attorneys’ fees and costs. The court awarded Johnson $8,310 in attorneys’ fees and $870 in costs, totaling $9,180, and directed the Clerk to enter an amended judgment.
Read the full 15-page opinion on CourtListener, the free public archive maintained by the Free Law Project.