Johnson v. Iguanas Burritozilla, Corp.

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 Iguanas Burritozilla in August 2021 and twice in September 2021, and that the restaurant lacked wheelchair-accessible dining surfaces. He said he intended to return after the barriers were removed but was deterred by the lack of accessibility.

Johnson asserted claims under Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He requested injunctive relief, statutory damages, attorneys’ fees, and costs. The defendant did not appear or respond. After the clerk entered default, Johnson moved for default judgment.

Court’s 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 the defendant. The court determined that the defendant was properly served under California’s substitute-service rules.

The court applied the seven factors used to decide whether to enter default judgment. It found that the factors supported judgment because Johnson would otherwise lack a means of recourse, the amount sought was proportional to the alleged conduct, there was no indication of excusable neglect, and the defendant’s failure to participate made a decision after a contested proceeding impossible.

The court found that Johnson adequately alleged an ADA claim. It accepted, for purposes of default judgment, his allegations that he had a qualifying disability, that the defendant operated a restaurant open to the public, that he personally encountered inaccessible dining surfaces, and that removing the barriers was readily achievable. The court also found that he adequately alleged an Unruh Act claim because the opinion states that an ADA violation necessarily violates that Act.

Relief and Disposition

The court granted Johnson’s request for an injunction requiring the defendant to provide wheelchair-accessible dining surfaces at the restaurant in compliance with the 2010 ADA Accessibility Guidelines.

Johnson requested $12,000 in statutory damages based on three visits. The court awarded $4,000 instead, explaining that it had previously declined to award damages for multiple visits to the same facility on a default-judgment motion for the reasons described in the opinion.

Johnson requested $1,965 in attorneys’ fees. The court reduced the fee request after determining that some hourly rates were too high, six-minute billing entries by two attorneys were unreasonable, and the use of fourteen legal assistants for the limited work was inefficient. The court also awarded $837 in litigation costs. The final order states that Johnson was awarded $1,922 in attorneys’ fees and costs.

The court therefore granted in part Johnson’s motion for default judgment, awarded $4,000 in statutory damages, awarded $1,922 in attorneys’ fees and costs, granted the accessibility injunction, and ordered Johnson to promptly serve the defendant with the order and file proof of service.