Johnson v. Nuoc Mia Vien Dong 2, LLC

Background

Scott Johnson, who uses a wheelchair, sued Nuoc Mia Vien Dong 2, LLC, concerning accessibility at its restaurant. Johnson alleged that he visited the restaurant in November 2020 and encountered dining surfaces without sufficient knee or toe clearance for wheelchair users. He alleged that the conditions deterred him from returning.

Johnson asserted claims under the federal Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act. After Nuoc failed to answer, the clerk entered default. Johnson then moved for default judgment, seeking an injunction, $4,000 in statutory damages, attorneys’ fees, and litigation costs.

Court’s Analysis

The court first determined that it had subject-matter jurisdiction because the complaint alleged an ADA violation, and supplemental jurisdiction over the related state-law claim. It also found general personal jurisdiction over Nuoc because Nuoc was headquartered in California. The court concluded that service was sufficient because a registered California process server used substituted service at the business address and copies were mailed.

The court applied the seven factors used to decide whether to enter default judgment, including potential prejudice, the strength of the claims, the amount at stake, the possibility of disputed facts, excusable neglect, and the preference for decisions on the merits. It found that the factors favored default judgment because Nuoc had remained unresponsive after being served, and a decision on the merits was impractical.

For standing, the court found that Johnson adequately alleged a continuing injury because he personally encountered an accessibility barrier and was deterred from visiting the restaurant. The court also concluded that his allegations sufficiently supported an ADA claim: Johnson was disabled under the ADA, the restaurant was a public accommodation, and the alleged lack of compliant dining surfaces denied him access because of his disability.

The court further held that an ADA violation is a violation of the Unruh Act under California law, regardless of whether the discrimination was intentional. It therefore found that Johnson adequately pleaded both claims.

Relief and Disposition

The court granted injunctive relief requiring Nuoc to provide accessible dining surfaces. It awarded Johnson $4,000 in statutory damages for the Unruh Act violation, $1,295 in attorneys’ fees, and $835 in litigation expenses and costs.

The court reduced the requested attorney billing rates, approving rates of $475 per hour for Mark Potter, $250 per hour for Faythe Gutierrez, and $100 per hour for Marcus Handy and the other listed legal assistants. The court found the billed time reasonable and awarded the resulting $1,295 in fees.

Judge Charles R. Breyer’s order concluded: “the Motion for Default Judgment is granted,” and Johnson was awarded the injunction, damages, attorneys’ fees, and costs.