Johnson v. Rando

Background

Scott Johnson sued Marissa Rando under Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. Johnson alleged that he is a C-5 quadriplegic who uses a wheelchair and that he visited Rando’s Business Center in July and August 2020. He alleged that the property lacked wheelchair-accessible parking, even though a sign marked a parking space, and that he intended to return once the property became accessible. He sought an injunction, statutory damages, attorneys’ fees, and costs.

Rando initially appeared and filed a motion to dismiss, which the court denied. Rando then failed to appear. The Clerk entered default against her, and Johnson moved for default judgment.

Court’s Analysis

The court found that it had federal-question jurisdiction over the Americans with Disabilities Act claim and supplemental jurisdiction over the Unruh Act claim. It also found that Rando had been properly served with the summons and complaint. The court considered the seven factors used to decide whether default judgment is appropriate, including prejudice to the plaintiff, the strength of the claims, the amount at stake, the possibility of disputed facts, whether the default resulted from excusable neglect, and the preference for decisions on the merits. The court found that all seven factors supported default judgment because Rando had stopped participating in the case.

The court found that Johnson adequately pleaded an Americans with Disabilities Act claim. It accepted as true, for purposes of liability, his allegations that he had a disability, that Rando owned, leased, or operated the Business Center, that Johnson personally encountered the lack of accessible parking, and that removing the parking barrier was readily achievable. The court also found that Johnson adequately pleaded an Unruh Act claim because, as the court explained, an Americans with Disabilities Act violation necessarily violates the Unruh Act.

Relief Awarded

The court granted Johnson an injunction requiring Rando to provide wheelchair-accessible parking at the Business Center at 354 Umbarger Rd., San Jose, California, in compliance with the 2010 Americans with Disabilities Act Accessibility Guidelines.

The court awarded $4,000 in statutory damages. Johnson had sought $3,395 in attorneys’ fees, but the court reduced the hourly rates for the attorneys and legal assistants and reduced the compensable staff time. It awarded $2,250 in attorneys’ fees and $902 in costs, for a total of $3,152 in attorneys’ fees and costs.

Order

Judge Beth Labson Freeman granted Johnson’s motion for default judgment in part. The order awarded $4,000 in statutory damages, $3,152 in attorneys’ fees and costs, and the accessibility injunction. Johnson was also ordered to promptly serve Rando with the order and file proof of service with the court.