Johnson v. Mediterranean Grill House, Inc.

Background

Scott Johnson asserted claims under Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He sought an injunction, statutory damages, attorneys’ fees, and costs. Johnson alleged that he is a C-5 quadriplegic who uses a wheelchair and has significant manual-dexterity impairments. He alleged that he visited Mediterranean Grill House in April and May 2021 and encountered outdoor dining surfaces that lacked sufficient knee or toe clearance for wheelchair users.

Mediterranean Grill House, Inc. failed to appear or respond. The Clerk entered default against it, and Johnson moved for default judgment. The court found that Johnson properly served the summons and complaint through substitute service at the restaurant’s business address and by mailing the documents to that address. The court also found federal-question jurisdiction based on the Americans with Disabilities Act claim, supplemental jurisdiction over the Unruh Act claim, and personal jurisdiction over Mediterranean Grill House, Inc.

Default Judgment Analysis

A default judgment is a judgment entered after a party fails to plead or otherwise defend. The court applied the seven factors identified in Eitel v. McCool, including prejudice to the plaintiff, the apparent merits of the claims, the sufficiency of the complaint, 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 entering default judgment. It found that Johnson would have no other means of obtaining relief without a judgment, that the amount sought was proportionate to the alleged conduct, and that nothing in the record suggested a dispute over material facts or excusable neglect. Because Mediterranean Grill House, Inc. had not responded, the court treated the complaint’s liability-related factual allegations as true for purposes of the default-judgment analysis.

The court also found that Johnson adequately alleged standing to seek an injunction because he claimed a disability, personally encountered the restaurant’s access barriers, and intended to return. The court found the ADA claim adequately pleaded and substantively meritorious: Johnson alleged that he was disabled, that Mediterranean Grill House, Inc. operated a restaurant open to the public, that he personally encountered inaccessible dining surfaces, and that removing the barriers was readily achievable. The court concluded that the alleged ADA violation also sufficiently alleged a violation of the Unruh Act.

Relief

The court granted injunctive relief requiring Mediterranean Grill House, Inc. to bring its dining surfaces into compliance with the 2010 ADA Accessibility Guidelines. The court awarded one instance of statutory damages in the amount of $4,000. Although the complaint sought damages for each of two alleged visits, the motion requested $4,000 for one instance, and the court stated that it generally does not award multiple statutory-damages amounts for multiple visits to a facility that remains noncompliant.

Johnson requested $4,195 in attorneys’ fees. The court reduced the requested hourly rates and compensable hours. It allowed 3.0 of the 6.5 hours requested for one attorney, excluded the time requested for another attorney’s review and revision of an investigatory declaration, and allowed 3.0 of the 6.7 hours requested for paralegals and staff. The court also reduced requested costs from $1,002 to $802 because the $400 investigation charge was not adequately supported; it found $200 reasonable for that work. The final order awarded $2,437 in attorneys’ fees and costs.

Order

The court ordered that Johnson’s motion for default judgment was granted in part, awarded $4,000 in statutory damages and $2,437 in attorneys’ fees and costs, and granted the injunction. Johnson was also ordered to promptly serve Mediterranean Grill House, Inc. with the order and file proof of service.