Garcia v. Woldemichael

Background

Orlando Garcia sued Tegsti Woldemichael, identified as the owner of La Dolce Vita, alleging violations of Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. Garcia alleged that he has cerebral palsy and manual dexterity issues, cannot walk, and uses a wheelchair. He visited La Dolce Vita in May 2021 and alleged that the establishment lacked wheelchair-accessible indoor and outdoor dining surfaces, including sufficient knee or toe clearance. He said the barriers caused difficulty and discomfort and deterred him from returning.

Woldemichael initially appeared through counsel but later stopped responding or defending the case. The clerk entered default against him on January 27, 2022. His counsel later submitted a declaration stating that Woldemichael did not oppose Garcia’s motion for default judgment and intended to allow default judgment to be entered. The court vacated the scheduled hearing and resolved the motion without a hearing.

Jurisdiction and service

The court found federal-question jurisdiction over the ADA claim and supplemental jurisdiction over the related Unruh Act claim. It also found personal jurisdiction over Woldemichael based on the proof of personal service and concluded that service of process was proper. The court then applied the factors used to decide whether default judgment is appropriate, including prejudice, the strength of the claims, the sufficiency of the complaint, the amount at stake, the likelihood of factual disputes, whether the default resulted from excusable neglect, and the preference for decisions on the merits.

Liability

The court held that Garcia adequately pleaded an ADA claim. It found that Garcia adequately alleged that he was disabled, that Woldemichael owned a place of public accommodation, and that the dining surfaces created an architectural barrier. A third-party investigator’s report and photographs supported the allegation that the indoor and outdoor dining surfaces lacked the required knee clearance. Garcia also alleged that removing the barriers would be readily achievable, meaning easily accomplished without much difficulty or expense, or that alternative accommodations were available.

The court also found that Garcia adequately established a related Unruh Act claim because the Unruh Act treats a violation of the ADA’s disability-access requirements as a violation of the Act. The court accepted the well-pleaded liability allegations as true because of Woldemichael’s default, but it did not automatically accept the requested damages.

Remedies

The court awarded Garcia $4,000 in statutory damages under the Unruh Act for the single visit described in the complaint and supporting declaration. It also entered an injunction requiring Woldemichael to provide compliant wheelchair-accessible indoor and outdoor dining surfaces at La Dolce Vita.

Garcia requested $3,085 in attorney fees and $832 in costs. The court found that the requested attorney rates and staffing were excessive for the case. It approved adjusted rates and awarded $1,939 in attorney fees, including fees for three attorneys and three paralegals or legal-support staff. The court awarded the requested $832 in costs.

Disposition

The court granted Garcia’s motion for default judgment in part. It ordered the accessibility changes, awarded $4,000 in statutory damages, $1,939 in attorney fees, and $832 in costs, for a total monetary award of $6,771. The clerk was ordered to enter default judgment in Garcia’s favor and close the case. Garcia was ordered to serve Woldemichael with the order and the default judgment and file proof of service.