Johnson v. Lo
- Maxine Chesney
- 3:21-cv-05910
- U.S. District Court · Northern District of California
- 4
In Johnson v. Lo, Judge Chesney granted default judgment in part, awarding damages and fees under California’s Unruh Act.
Scott Johnson received $4,000 from Nguyen, $4,000 from Hankee II Restaurant, Inc., and $2,525 in jointly and severally awarded attorney’s fees. Nguyen and Hankee II were found liable under the Unruh Act. The court denied relief against Yip because the complaint contained no factual allegations against him, and denied Johnson’s ADA injunctive relief and ADA litigation expenses and costs.
What happened
In Scott Johnson v. Fong Lo, Ka Wai Yip, Tony Lam Nguyen, and Hankee II Restaurant, Inc., Johnson alleged that wheelchair-accessibility barriers at businesses owned by Nguyen and Hankee II violated federal disability law and California’s Unruh Civil Rights Act. The court found no supporting allegations against Yip.
The court granted in part and denied in part Johnson’s application for default judgment. It awarded $4,000 against Nguyen and $4,000 against Hankee II under the Unruh Act, plus $2,525 in attorney’s fees against Nguyen and Hankee II together. It denied injunctive relief, litigation expenses and costs under the Americans with Disabilities Act, and all other requested relief.
Judge Maxine Chesney directed the Clerk to enter judgment and vacated the scheduled hearing.
The detailed version
- Johnson v. Lo · No. 3:21-cv-05910
- Maxine Chesney
- May 9, 2022
Background
Scott Johnson applied for default judgment against Ka Wai Yip, Tony Lam Nguyen, and Hankee II Restaurant, Inc. No response was filed. Johnson alleged that he uses a wheelchair and encountered barriers, including a lack of wheelchair-accessible parking and bathrooms, during visits to businesses located next to one another in San Jose, California. He asserted claims under the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act.
Claims and findings
After default was entered, the court treated the complaint’s factual allegations—other than allegations about the amount of damages—as true. The court found that Nguyen, whom the complaint identified as the owner of Kim Anh Spa, and Hankee II, whom the complaint identified as the owner of Han Kee Restaurant, violated the ADA and therefore also violated the Unruh Act. The court found that Johnson had not established an ADA or Unruh Act violation by Yip because the complaint contained no factual allegations against Yip.
Relief requested
The court denied Johnson’s request for ADA injunctive relief because, although he identified the specific relief sought, he did not explain how the federal accessibility standards on which he relied applied to the defendants’ buildings. The court also denied his request for litigation expenses and costs under the ADA because he had not shown that he was entitled to ADA relief or was a prevailing party on that claim.
The court awarded Johnson $4,000 against Nguyen and $4,000 against Hankee II under the Unruh Act. It also awarded $2,525 in attorney’s fees under that Act, jointly and severally against Nguyen and Hankee II. The court stated that Johnson could file a bill of costs for taxable costs based on prevailing on his Unruh Act claim.
Disposition
The court granted in part and denied in part Johnson’s application for default judgment. It granted the requests for Unruh Act damages and attorney’s fees against Nguyen and Hankee II, and denied the application in all other respects. The court directed the Clerk to enter judgment accordingly and vacated the scheduled hearing.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.