Johnson v. Patel

Background

Scott Johnson alleged that he is a level C-5 quadriplegic who cannot walk, has significant manual dexterity impairments, and uses a wheelchair and an adapted van. He visited the City Center Inn & Suites in June 2016 and September 2017. According to the complaint, the motel had three barriers: accessible rooms were not available with two beds; its only accessible parking space had a 60-inch access aisle that was not accessible for vans; and its transaction counter was higher than 36 inches without a lowered portion.

Johnson brought claims under the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He sought statutory damages, attorneys’ fees, costs, and an order requiring removal of the barriers. The defendants were City Center Inn & Suites LLC and Varsha I. Patel, Ichharambhai M. Patel, and Shantaben I. Patel.

Service and jurisdiction

Before entering a default judgment, the court had to determine whether each defendant was properly served and whether it had subject-matter jurisdiction over the case and personal jurisdiction over each defendant.

The court found that City Center and Varsha I. Patel were properly served in February 2018. It also found that Ichharambhai M. Patel and Shantaben M. Patel were properly served under Rule 4 of the Federal Rules of Civil Procedure and California’s substituted-service law. A process server left the papers with a 45-year-old occupant at their last known address after three unsuccessful attempts at personal service, and then mailed the papers to that address.

The court found that ownership of the California property on which the motel was located was enough to establish specific personal jurisdiction over Ichharambhai M. Patel and Shantaben M. Patel. The court had already found subject-matter jurisdiction and personal jurisdiction over City Center and Varsha I. Patel.

Default judgment

A default judgment is a judgment entered when a defendant does not respond or otherwise participate in the case. Applying the factors used to decide whether such a judgment should be entered, the court found that the factors favored judgment against all four defendants. The court treated the complaint’s factual allegations, except those concerning the amount of damages, as true. It also found that the defendants were subject to the Americans with Disabilities Act and the Unruh Act.

Damages, fees, and costs

The court awarded Johnson $8,000 in statutory damages under the Unruh Act—$4,000 for each of his two visits to the motel. The court explained that proof of actual damages was not required to recover the statutory minimum.

Johnson requested $7,940 in attorneys’ fees. Using the lodestar method, which calculates fees by multiplying reasonable hours by reasonable hourly rates, the court approved hourly rates of $425 for Mark Potter, Russell Handy, and Phyl Grace, and $350 for Chris Carson, Isabel Masanque, and Dennis Price. The court reduced Grace’s compensable time by 0.7 hours because that work concerned an earlier entry of default that the court later set aside. The court awarded $5,000 in attorneys’ fees.

The court awarded the requested $720 in costs, consisting of a $400 filing fee, $120 for service of process, and $200 in investigator fees.

Injunctive relief and disposition

The court found that Johnson had standing to seek an order requiring accessibility changes because he alleged an injury and an intent to return to the motel. It ordered City Center, Varsha I. Patel, Ichharambhai M. Patel, and Shantaben M. Patel to provide, in accordance with the 2010 Americans with Disabilities Act Standards for Accessible Design: a van-accessible parking space with a 96-inch access aisle; at least one accessible room with two beds; and a transaction counter with a portion lowered to 36 inches.

Judge Maxine M. Chesney granted the motion for default judgment against all four defendants and entered judgment for $8,000, plus $5,000 in attorneys’ fees and $720 in costs, along with the specified accessibility requirements.