Whitaker v. Sifflet
- Vince Chhabria
- 3:21-cv-03144
- U.S. District Court · Northern District of California
- 1
In Whitaker v. Sifflet, Judge Chhabria entered default judgment, awarding $6,472 and ordering wheelchair-accessible dining surfaces.
Brian Whitaker received a monetary judgment and injunctive relief. David Sifflet was ordered to provide wheelchair-accessible dining surfaces at the specified Behind the Bun restaurant.
What happened
In Whitaker v. Sifflet, Brian Whitaker moved for default judgment against David Sifflet. The court found that it had authority over the defendant and the case, and that Whitaker had the right to sue.
The court concluded that the complaint adequately alleged violations of the Americans with Disabilities Act and its regulations. It also concluded that an ADA violation automatically violates California’s Unruh Civil Rights Act, and that the defendant had been properly served.
Judge Vince Chhabria granted the motion for default judgment. He awarded Whitaker $1,635 in attorney’s fees, $837 in costs, and $4,000 in statutory damages, for a total monetary judgment of $6,472. The defendant was also ordered to provide wheelchair-accessible dining surfaces at the Behind the Bun restaurant in Oakland, California.
The detailed version
- Whitaker v. Sifflet · No. 3:21-cv-03144
- Vince Chhabria
- Oct. 19, 2021
Background
Brian Whitaker moved for default judgment against David Sifflet. The opinion states that Whitaker’s complaint adequately alleged violations of the Americans with Disabilities Act (ADA) and its implementing regulations. It also states that an ADA violation automatically constitutes a violation of California’s Unruh Civil Rights Act.
Court’s analysis
The court found that it had personal jurisdiction over the defendant, meaning authority over the defendant, and subject-matter jurisdiction, meaning authority to decide the type of dispute. It also found that the defendant was properly sued, that Whitaker had standing to sue, and that the defendant was properly served.
The court applied the factors identified in Eitel v. McCool for deciding whether to enter default judgment and concluded that those factors favored judgment for Whitaker.
Ruling and relief
The court granted Whitaker’s motion for default judgment. It awarded $1,635 in attorney’s fees and $837 in costs under the ADA and the Unruh Act. It also awarded $4,000 in statutory damages under the Unruh Act, for a total monetary judgment of $6,472.
The court further ordered the defendant to provide wheelchair-accessible dining surfaces at the “Behind the Bun” restaurant located at 4920 Telegraph Ave., Oakland, California, in compliance with the ADA. Judge Vince Chhabria signed the order on October 19, 2021.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.