Volle v. Sherwin Petroleum, Inc.

Background

Debra Volle brought claims under the Americans with Disabilities Act and California’s Unruh Act against Sherwin Petroleum, Inc. She alleged that accessibility barriers at a gas station operated by Sherwin Petroleum prevented her from entering the food mart on November 27, 2018. The alleged barriers included a steep ramp with steep, flared sides, outside seating blocking the path, and insufficient clearance near the entrance and door. Volle alleged that she was deterred from returning on multiple occasions.

Volle served Sherwin Petroleum’s authorized agent with the original and amended complaints. The clerk entered default after Sherwin Petroleum failed to appear. A magistrate judge recommended granting default judgment, awarding $12,000 in statutory damages, $10,664.50 in attorney fees and costs, and injunctive relief requiring property modifications by November 30, 2020. No party objected.

Court’s review of the recommendation

The court adopted the recommendation insofar as it established Sherwin Petroleum’s liability on some issues from the well-pleaded allegations and assessed the appropriate scope of injunctive relief. The court separately reviewed other liability issues and Volle’s requests for fees, costs, and expenses.

Damages

For a default judgment, factual allegations supporting liability are generally accepted as true, but the court does not accept unsupported legal conclusions or allegations about the amount of damages. The court found that the amended complaint specifically supported liability for one discrimination incident—the November 27, 2018 visit. The complaint’s statement that Volle had been deterred on “multiple occasions” was too vague to establish additional discrimination incidents. Volle’s declaration identified two later dates, but those facts appeared in the declaration rather than the complaint and therefore could not establish additional liability on default judgment.

The court awarded $4,000 in statutory damages for the single violation under the Unruh Act, rather than the $12,000 recommended amount.

Attorney fees and costs

Volle requested $6,525 in attorney fees. The court found the attorneys’ hourly rates adequately supported but excluded time spent on work relating solely to former codefendant Azim Modarressi, against whom Volle had voluntarily dismissed the action, and time spent on clerical tasks. The court awarded $6,270 in attorney fees.

Volle requested $625 in costs. The court excluded $75 spent serving Modarressi, because Volle did not prevail against him and the expense related solely to the abandoned claim. The court awarded $550 in costs.

Litigation expenses and disposition

Volle requested $3,514.50 in litigation expenses for expert Bassam Altwal. The court reduced the amount for travel time, using Altwal’s stated administrative-work rate rather than his higher substantive-work rate, and excluded certain clerical work and unsupported time. It awarded $3,047 in litigation expenses.

The court granted Volle’s motion for default judgment in part. It awarded the injunctive relief specified in the magistrate judge’s recommendation, $4,000 in damages, $550 in costs, $6,270 in attorney fees, and $3,047 in litigation expenses, for a total of $13,867.