Johnson v. Fernandez

Background

Scott Johnson sued Ramiro Fernandez, Bertha Marina Fernandez, Jose Luis Fernandez, Van Shop, Inc., and Atlantic Janitorial SVC and Supply under Title III of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. The opinion states that Van Shop owned Happy Vans and that Atlantic owned Atlantic Janitorial Supply, businesses located at 148 Archer St., San Jose, California. It also states that Ramiro Fernandez, Bertha Marina Fernandez, and Jose Luis Fernandez owned the real property at that address.

Johnson alleged that he is a C-5 quadriplegic who uses a wheelchair and has significant manual dexterity impairments. He visited the businesses in July 2020, March 2021, and April 2021. He alleged that he encountered parking that was not wheelchair accessible, that Happy Vans lacked accessible door hardware and a wheelchair-accessible sales counter, and that Atlantic Janitorial Supply lacked a wheelchair-accessible sales counter. He sought an injunction, statutory damages, attorneys’ fees, and costs.

The Clerk entered defaults against Van Shop and Atlantic on December 6, 2021, and against Ramiro Fernandez, Bertha Marina Fernandez, and Jose Luis Fernandez on January 4, 2022. None of the defendants appeared or responded to the action or to Johnson’s motion for default judgment. The opinion also notes that Bertha Fernandez had previously been dismissed without prejudice.

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. It found that Atlantic, Jose Luis Fernandez, and Van Shop were properly served and that it had personal jurisdiction over them.

The court found that Ramiro Fernandez and Bertha Marina Fernandez were served after the deadline in Federal Rule of Civil Procedure 4(m). Because they were not timely served, the court denied Johnson’s motion for default judgment against them.

Default Judgment and Liability

Default judgment is a judgment entered when a defendant fails to plead or otherwise defend. Applying the factors used to decide whether default judgment is appropriate, the court found that Johnson would have no other means of recourse if judgment were not entered, that his allegations stated plausible ADA and Unruh Act claims, that the requested monetary relief was proportional after adjustment, and that the defendants’ failure to appear made a decision after a contested trial impracticable.

For the ADA claim, the court found that Johnson’s allegations established standing because he alleged a disability, personally encountered access barriers, and intended to return once the facilities became accessible. The court also found that he adequately alleged the elements of an ADA architectural-barrier claim: he had a qualifying disability, the defendants owned or operated places of public accommodation, he personally encountered barriers, and removing the barriers was readily achievable. The court treated the well-pleaded liability allegations as true because of the defendants’ defaults, but not allegations concerning damages that were unsupported.

The court concluded that Johnson had adequately alleged ADA violations involving the accessible parking space, door hardware, and sales counters. It also concluded that the alleged ADA violations supported the related Unruh Act claim.

Relief

The court granted injunctive relief against Jose Luis Fernandez, Van Shop, and Atlantic. To the extent those defendants had the legal right and ability to do so, they were ordered to provide wheelchair-accessible parking, wheelchair-accessible door hardware, and a wheelchair-accessible sales counter at Happy Vans and Atlantic Janitorial Supply, in compliance with the ADA Accessibility Guidelines, no later than six months after service of the injunction.

Johnson requested $12,000 in Unruh Act statutory damages for three visits. The court awarded $4,000 for only the first visit. It found no evidence justifying separate statutory damages for all three visits, including no evidence that Johnson had raised the barriers with anyone at the businesses or had reason to believe the barriers were removed between visits.

Johnson requested $2,005 in attorneys’ fees. The court found that 8.9 hours of work were reasonable but reduced several requested hourly rates. It awarded $1,442.50 in attorneys’ fees. Johnson also requested $1,087 in costs. The court excluded $180 in service costs associated with Ramiro Fernandez and Bertha Marina Fernandez because those defendants were not properly served, and awarded $907 in costs. The total award of fees and costs was $2,349.50.

Disposition

The court granted in part and denied in part Johnson’s motion for default judgment. It granted default judgment as to Jose Luis Fernandez, Van Shop, Inc., and Atlantic Janitorial SVC and Supply, awarding $4,000 in statutory damages and $2,349.50 in attorneys’ fees and costs, for a total judgment of $6,349.50. It granted Johnson’s request for injunctive relief against those defendants. It denied the motion for default judgment as to Ramiro Fernandez and Bertha Marina Fernandez.