Johnson v. Baird Lands, Inc.

Background

Scott Johnson sued Baird Lands, Inc. and Jason’s Café Inc., alleging accessibility barriers at a restaurant in violation of Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. The court previously dismissed the Americans with Disabilities Act claim as moot because the restaurant had permanently closed and Baird Lands had sold the property. The court granted summary judgment for Johnson on his Unruh Act claim. Johnson then moved for attorneys’ fees and costs under both statutes.

Johnson initially sought $24,613 in fees for 51.5 hours of work and $1,265.20 in costs and expenses. He later sought another $3,300 for preparing his reply and for oral argument, which the court did not hold. His total request was $29,178.20.

Legal standards

The court held that Johnson was not eligible for fees or costs under the Americans with Disabilities Act because that claim had been dismissed as moot. The Unruh Act, however, permits a prevailing party to recover attorneys’ fees. Because Johnson prevailed on that claim, he could seek fees under the Unruh Act.

The court used the lodestar method, which calculates a presumptive fee by multiplying reasonable hours by reasonable hourly rates. The court may then adjust that amount in unusual cases. The party seeking fees bears the burden of showing that the requested rates and hours are reasonable.

The court also concluded that the Unruh Act does not authorize recovery of out-of-pocket litigation expenses such as investigation costs. Filing fees and service costs could be recovered as taxable costs under 28 U.S.C. § 1920, but investigation and expert fees could not.

Hourly rates

Johnson requested hourly rates ranging from $410 to $650 for nine attorneys. The court found those rates unreasonable for the work performed. It concluded that the case involved a relatively straightforward application of the law and that the supporting declarations and case-law comparisons did not adequately establish the requested market rates. The court also found the reliance on the Laffey Matrix—an attorney-rate schedule developed for the District of Columbia—unpersuasive for determining rates in this district.

The court set the following reasonable rates:

- Mark Potter: $475 per hour - Dennis Price, Chris Carson, Amanda Seabock, Isabel Masanque, and Robert Doyle: $350 per hour - Sara Gunderson, Prathima Price, and Bradley Smith: $300 per hour

Hours reduced

The court found some claimed hours excessive or unnecessary. It reduced time associated with a show-cause matter and an administrative motion that resulted from a lack of diligence, and it reduced time claimed for a notice of appearance that was not separately filed.

The court also reduced hours because briefing in this case substantially repeated briefing in another related action involving the same attorneys and similar claims. It reduced time for preparing the opening summary-judgment brief, responding to the opposition to the fee motion, and preparing for oral argument that did not occur.

The court further reduced charges for repeatedly reviewing routine docket entries and boilerplate orders, instructing assistants, and performing other small administrative tasks. It found additional time unreasonable for preparing short notices and stipulated requests that should have required less time given counsel’s experience and use of templates.

After these reductions, the court approved 42.55 hours and calculated a lodestar of $14,402.50 in attorneys’ fees.

Costs and disposition

Johnson requested service costs, a filing fee, and $800 for two investigations. The court awarded $465.20 for service costs and the filing fee. It did not award the investigation costs because the Unruh Act did not authorize those expenses and 28 U.S.C. § 1920 did not permit recovering them.

The court granted in part and denied in part Johnson’s motion for attorneys’ fees and costs. It awarded $14,402.50 in attorneys’ fees and $465.20 in costs, for a total award of $14,867.70.