Johnson v. Pennylane Frozen Yogurt, LLC

Background

Scott Johnson alleged that he is a C-5 quadriplegic who uses a wheelchair and has significant manual dexterity impairments. He alleged that he visited Pennylane Frozen Yogurt & Candy in August and November 2021 and encountered indoor and outdoor dining surfaces that lacked sufficient knee or toe clearance for wheelchair users. Johnson alleged that he intended to return but was deterred by the access barriers.

Johnson asserted claims under Title III of the Americans with Disabilities Act (ADA), which prohibits disability discrimination by places of public accommodation, and California’s Unruh Civil Rights Act. He sought an injunction, statutory damages, attorneys’ fees, and costs. Pennylane failed to appear or respond. At Johnson’s request, the clerk entered default.

Default judgment analysis

A default judgment is a judgment entered when a defendant fails to plead or otherwise defend. Before entering one, the court reviewed its subject-matter jurisdiction, personal jurisdiction, service of process, and the factors identified in Eitel v. McCool.

The court found that it had federal-question jurisdiction over the ADA claim and supplemental jurisdiction over the Unruh Act claim. It also found that Pennylane was subject to personal jurisdiction and had been properly served. The court concluded that the factors supported entering default judgment, including because Johnson would otherwise have no means of obtaining relief and Pennylane’s failure to participate made a decision through a contested trial impossible.

The court also found that Johnson adequately alleged an ADA claim. It found that he alleged a qualifying disability, that Pennylane operated a restaurant covered by the ADA, and that he personally encountered wheelchair-accessibility barriers. Johnson also alleged that removing the barriers was readily achievable, meaning it could be done without much difficulty or expense. Because the court found that the ADA allegations were sufficient, it concluded that Johnson had also sufficiently alleged an Unruh Act claim.

Relief awarded

The court granted in part Johnson’s motion for default judgment. It granted injunctive relief requiring Pennylane to bring its dining surfaces into compliance with the 2010 ADA Accessibility Guidelines.

The court awarded $4,000 in statutory damages under the Unruh Act. Johnson had sought that amount despite alleging multiple visits to the restaurant.

Johnson requested $3,265 in attorneys’ fees. The court found that some requested hourly rates exceeded rates generally approved in similar disability cases in the Northern District of California. It awarded rates of $475 for Mark Potter, $350 each for Amanda Seabock and Candice Clipner, and $100 for Marcus Handy and other legal assistants and staff. The court also reduced the compensable hours because it found some work excessive or duplicative. It awarded $1,912.50 in attorneys’ fees and $902 in costs, for a total of $2,814.50 in fees and costs.

Order

The court ordered that Johnson’s motion for default judgment was granted in part; that he receive $4,000 in statutory damages and $2,814.50 in attorneys’ fees and costs; and that Pennylane comply with the injunction concerning its dining surfaces. Johnson was also ordered to promptly serve Pennylane with the order and file proof of service.