Johnson v. Prospect Venture LLC

Background

Scott Johnson brought claims under Title III of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act against Prospect Venture LLC and Alchena Capital LLC. The opinion states that Prospect allegedly owned the property at 1655 S De Anza Boulevard in Cupertino, California, and that Alchena allegedly owned Kikusushi Japanese Restaurant, which operated at that address.

Johnson alleged that he is a C-5 quadriplegic who uses a wheelchair. During a March 2021 visit to Kikusushi, he said he encountered two accessibility barriers: outdoor dining surfaces without enough knee or toe clearance for wheelchair users and an entrance ramp without a level landing. He sought an injunction, statutory damages, attorneys’ fees, and costs.

The defendants were personally served but did not appear, answer, or oppose the motion. The clerk entered default against each defendant. Johnson then moved for default judgment.

Jurisdiction and service

The court found that it had federal-question jurisdiction over the ADA claim and supplemental jurisdiction over the related Unruh Act claim. The court also found that both defendants had been properly served and were subject to the court’s personal jurisdiction.

Default judgment analysis

The court applied the seven factors commonly used to decide whether default judgment is appropriate. It concluded that Johnson would have no other means of recourse if judgment were not entered; his claims were adequately pleaded; the requested monetary relief was proportional to the alleged conduct; there was no apparent factual dispute because the defendants had not responded; and there was no indication that the default resulted from excusable neglect. The court also found that deciding the case through participation by both sides was impracticable because the defendants had not participated.

For the ADA claim, the court found that Johnson had standing because he alleged a disability, personally encountered the barriers, and intended to return to Kikusushi after the facility became accessible. The court found that he had alleged the elements of a Title III claim, including that he was disabled, that the defendants owned or operated a place of public accommodation, and that architectural barriers denied him access because of his disability. The court also found that Johnson had plausibly shown that removing the barriers was readily achievable, meaning easily accomplishable without much difficulty or expense. Because the defendants did not appear, they did not meet their burden of showing that removal was not readily achievable.

The court further stated that an ADA violation necessarily constitutes a violation of the Unruh Act. It therefore found that Johnson had adequately alleged both claims.

Relief

The court granted injunctive relief requiring the defendants, to the extent they had the legal right and ability to do so, to provide wheelchair-accessible outdoor dining surfaces and wheelchair-accessible paths of travel at Kikusushi in compliance with the ADA Accessibility Guidelines. The work was required no later than six months after service of the injunction.

The court awarded $4,000 for each of the two identified barriers under the Unruh Act, for $8,000 in statutory damages. It reduced the requested attorneys’ fees based on reasonable hourly rates and awarded $1,480 in fees for 8.1 hours of work. It also awarded $872 in costs, consisting of service costs, filing fees, and investigation fees.

Disposition

The court granted Johnson’s motion for default judgment against Prospect Venture LLC and Alchena Capital LLC. It granted the request for $8,000 in statutory damages, $1,480 in attorneys’ fees, and $872 in costs, for a total judgment of $10,352. It also granted the request for injunctive relief.