Johnson v. 441 First Street, LLC

Background

Scott Johnson brought claims under the Americans with Disabilities Act and California’s Unruh Civil Rights Act. The opinion states that Johnson is a quadriplegic who uses a wheelchair and a specially equipped van. He alleged that the defendants failed to provide wheelchair-accessible parking and accessible door hardware. The parties later settled, with the defendants agreeing to pay all reasonable attorney fees and litigation expenses in an amount the court would determine.

Johnson moved for attorney fees and costs under 42 U.S.C. § 12205 and California Civil Code § 52(a). His corrected request sought $14,727 in fees and $1,002 in costs. The defendants argued that Johnson’s attorneys used unreasonable hourly rates, billed unnecessary or duplicative time, included clerical tasks, and requested unsupported investigation and service costs. They asserted that Johnson should recover only $2,705.50 in fees and $602 in costs.

Attorney-fee analysis

The court used the lodestar method, which generally calculates fees by multiplying reasonable hours by a reasonable hourly rate. It awarded partners Russell Handy and Dennis Price $475 per hour and supervising attorney Amanda Seabock $350 per hour. The court also reduced two of Handy’s pre-filing checklist entries to $350 per hour because they involved lower-skilled tasks.

The court removed several time entries. These included a duplicative public-record search, a duplicative entry concerning Federal Rule of Civil Procedure 68, clerical filing and email tasks, and an unexplained entry referring to a “McGuinness declaration.” The court did not make an additional reduction for most vague entries or for Price’s 4.1 hours spent preparing the fee motion. It found that Price’s declaration sufficiently supported that time.

Costs and ruling

The court awarded all $1,002 in requested costs: a $402 filing fee, a $400 investigation cost, and $200 in service fees. It found the filing fee documented and accepted the sworn statement supporting the investigation and service costs. The court also concluded that the investigation was adequately explained, including because Johnson’s disabilities limited his ability to take precise measurements and investigate properties he could not enter.

The court granted in part and denied in part Johnson’s motion for attorney fees and costs. It awarded $7,085 in attorney fees and $1,002 in costs, totaling $8,087. The order was signed by United States District Judge Edward J. Davila.