Johnson v. Restaurant

Background

Scott Johnson sued Huong-Que Restaurant under Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He alleged that he is a C-5 quadriplegic who uses a wheelchair and that, during an April 2021 visit, he encountered indoor and outdoor dining surfaces without sufficient knee or toe clearance for wheelchair users. He alleged that he intended to return after the barriers were removed and sought an injunction, statutory damages, attorney fees, and costs.

Huong-Que Restaurant did not appear or respond. The clerk entered default after Johnson requested it. Johnson then moved for default judgment. The court vacated the scheduled hearing and decided the motion without oral argument.

Jurisdiction and service

The court held that it had federal-question jurisdiction over the Americans with Disabilities Act claim and supplemental jurisdiction over the Unruh Act claim. It also found personal jurisdiction over Huong-Que Restaurant. The court concluded that the restaurant was properly served through substitute service on its agent for service of process: the summons and complaint were left during normal business hours with someone apparently in charge and were then mailed to the agent at the same address.

Default judgment

A default judgment is a judgment entered when a defendant fails to plead or otherwise defend. The court applied the seven factors commonly used to decide whether to enter such a judgment, including prejudice to the plaintiff, the apparent merits of the claims, the sufficiency of the complaint, the money at stake, the possibility of factual disputes, whether the default resulted from excusable neglect, and the policy favoring decisions on the merits.

The court found that the factors supported default judgment. Without judgment, Johnson would have no other means of recourse, and the restaurant’s failure to participate made a decision after a contested case impossible. The court treated the complaint’s liability-related factual allegations as true, but not its allegations concerning damages.

The court found that Johnson adequately alleged standing to seek an injunction because he alleged a disability, personally encountered inaccessible dining tables, and intended to return once the restaurant became accessible. The court also found that he adequately alleged an Americans with Disabilities Act claim: he alleged a qualifying disability, that the restaurant was a place of public accommodation, that he encountered an architectural barrier, and that removing the barrier was readily achievable. The court stated that the alleged lack of required knee and toe clearance would violate the applicable accessibility standards if the allegations were true. It further concluded that Johnson had sufficiently alleged an Unruh Act claim because, under the authority cited by the court, an Americans with Disabilities Act violation necessarily violates the Unruh Act.

Relief

The court granted injunctive relief requiring Huong-Que Restaurant to bring its dining surfaces into compliance with the 2010 Americans with Disabilities Act Accessibility Guidelines. It awarded Johnson $4,000 in statutory damages for the single visit described in the complaint.

Johnson requested $2,000 in attorney fees. The court found that the requested hourly rates were higher than rates generally approved in the Northern District of California for similar work. It awarded the attorneys and legal assistants the following hourly rates: $475 for Mark Potter, $350 each for Amanda Seabock and Elliott Montgomery, $250 for Tehniat Zaman, and $100 each for Marcus Handy and other staff. The court found the requested 7.8 hours reasonable. Its fee table listed total fees of $1,407.50 and total fees and costs of $2,244.50. The court’s discussion separately stated that it granted $835 in costs, while the table listed $837 in costs.

Order

The court ordered that Johnson’s motion for default judgment was GRANTED IN PART; awarded $4,000 in statutory damages; granted an injunction requiring Huong-Que Restaurant to bring its dining surfaces into compliance with the 2010 standards; and required Johnson to promptly serve the order on the restaurant and file proof of service.