Johnson v. MKB Rescom LLC

Background

Scott Johnson alleged that he is a C-5 quadriplegic who uses a wheelchair and has significant manual-dexterity impairments. He visited the Spring Day Spa, located on property owned by MKB Rescom LLC, in March, May, and October 2019. Johnson alleged that the property lacked wheelchair-accessible parking because the parking stalls and access aisle were not level with each other. He said he intended to return but was deterred by the lack of accessible parking.

Johnson sued under Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He requested an injunction, statutory damages, attorneys’ fees, and costs. MKB Rescom failed to appear or respond, and the Clerk entered default against it.

Default Judgment Analysis

The court found that it had federal-question jurisdiction over the ADA claim and supplemental jurisdiction over the Unruh Act claim. It also found personal jurisdiction over MKB Rescom based on evidence that the company owned the property. The court found that MKB Rescom was properly served through its agent for service of process.

A default judgment is a judgment entered when a defendant fails to defend the case. Applying the factors used to evaluate such a judgment, the court found that Johnson would have no other means of recourse without a judgment, the requested damages were proportional to the alleged conduct, and there was no indication that MKB Rescom’s failure to respond resulted from excusable neglect.

The court also found that Johnson adequately alleged the elements of an ADA claim. It accepted the liability-related allegations as true because of MKB Rescom’s default. The court found that Johnson alleged a disability, that MKB Rescom owned property where a place of public accommodation operated, and that Johnson personally encountered an architectural barrier. Johnson also adequately alleged that removing the parking barrier was readily achievable. The court found that he sufficiently alleged an Unruh Act claim as well.

Relief

The court granted Johnson’s request for an injunction requiring MKB Rescom to bring its parking spaces into compliance with the 2010 ADA Accessibility Guidelines.

Johnson requested $4,000 for each of his three visits, totaling $12,000. The court awarded $4,000 in statutory damages, explaining that it had previously declined to award damages for multiple visits to the same facility on a default-judgment motion.

The court awarded $2,115 in attorneys’ fees and costs. It approved 5.8 hours of work, but reduced the requested hourly rates to $475 for Mark Potter, $350 for Amanda Seabock, $250 for Tehniat Zaman, and $100 for Marcus Handy and other staff. The award included $845 in costs for service, filing, and investigation expenses. The court therefore granted in part Johnson’s motion for default judgment and required him to promptly serve MKB Rescom with the order and default judgment and file proof of service.