Johnson v. Barrita Corporation

Background

Scott Johnson brought claims 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 visits to the restaurant in July 2019, August 2019, and July 2020, he encountered dining surfaces without sufficient wheelchair clearance. He alleged that he intended to return after the barriers were removed and sought an injunction, statutory damages, attorneys’ fees, and costs.

The opinion states that Nick the Greek Almaden LLC failed to appear. At Johnson’s request, the clerk entered default. The opinion also states that Barrita Corporation, the other defendant, had previously been dismissed by stipulation, and that this motion concerned only Nick the Greek Almaden LLC.

Jurisdiction and Service

The court found federal-question jurisdiction based on the Americans with Disabilities Act claim and supplemental jurisdiction over the Unruh Act claim. It also found personal jurisdiction over Nick the Greek Almaden LLC based on public records indicating that it is a California corporation.

The court found that service was proper. Johnson’s proof of service stated that the summons and complaint were delivered by substitute service to Nick E. Tsigaris, the defendant’s agent for service of process, at Tsigaris’s home, left with Tsigaris’s spouse, and later mailed to Tsigaris at that address.

Default Judgment Analysis

The court applied the seven factors used to decide whether to enter default judgment, including prejudice to the plaintiff, the strength of the claims, the sufficiency of the complaint, the amount at stake, the possibility of a factual dispute, whether the default resulted from excusable neglect, and the preference for decisions on the merits.

The court concluded that all seven factors favored default judgment. It found that Johnson would lack another means of recourse without judgment, that the requested statutory damages were proportional to the alleged conduct, and that nothing before the court suggested a dispute over material facts or excusable neglect. Because the defendant did not participate, the court stated that deciding the matter through an adversarial process was impossible.

For purposes of liability, the court treated the complaint’s factual allegations as true, but it did not automatically accept allegations concerning damages. The court found that Johnson adequately alleged standing to seek injunctive relief because he alleged a disability, personally encountered the dining-surface barriers, and intended to return once the restaurant became accessible.

Claims

The court found that Johnson adequately pleaded his Title III Americans with Disabilities Act claim. It concluded that he alleged that he was disabled, that the defendant owned, leased, or operated a restaurant qualifying as a place of public accommodation, and that he was denied access because of his disability. He also alleged that the dining-surface barriers were architectural barriers, that removing them was readily achievable, and that the surfaces did not meet applicable accessibility requirements.

Because the court stated that a violation of the Americans with Disabilities Act necessarily constituted a violation of the Unruh Act in this context, it also found that Johnson sufficiently alleged an Unruh Act claim.

Relief

The court granted injunctive relief requiring Nick the Greek Almaden LLC to bring its dining surfaces into compliance with the 2010 Americans with Disabilities Act Accessibility Guidelines standards.

Johnson requested $4,000 for each of three alleged discriminatory visits, totaling $12,000. The court awarded $4,000 in statutory damages instead, relying on its stated concern about awarding damages for multiple visits to the same facility when the plaintiff knew of the alleged violation.

Johnson requested $1,935 in attorneys’ fees and also sought service costs of $35, filing fees of $400, and investigation costs of $400. Applying the lodestar method—reasonable hours multiplied by reasonable hourly rates—the court found the requested hours reasonable but reduced several requested rates. The order awarded $2,047.50 in attorneys’ fees and costs in total, including $835 in costs.

Order

The court granted Johnson’s motion for default judgment in part, awarded $4,000 in statutory damages, awarded $2,047.50 in attorneys’ fees and costs, and granted the injunction concerning the dining surfaces. It also ordered Johnson to promptly serve the order on Nick the Greek Almaden LLC and file proof of service.