Whitaker v. Zheng

Background

Brian Whitaker alleged that he is a California resident with physical disabilities and uses a wheelchair for mobility. In November 2021, he visited Orange Tree, a business owned by Shaker Alawdi and Husam Alawdi in San Bruno, California. He alleged that the business’s inside dining surfaces were not wheelchair accessible because they lacked sufficient toe and knee clearance.

Whitaker asserted claims under the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. He applied for default judgment against Shaker Alawdi and Husam Alawdi. No opposition or other response was filed. On default, the court treated the complaint’s factual allegations—other than allegations about the amount of damages—as true.

Court’s Rulings

The court found that the Alawdis violated the ADA and the Unruh Act. It granted in part and denied in part Whitaker’s application for default judgment.

Injunctive relief. The court granted the application as to injunctive relief. It ordered the Alawdis to provide, at Orange Tree, inside dining surfaces complying with the 2010 ADA Standards for Accessible Design, specifically the toe- and knee-clearance requirements in sections 306.2 and 306.3.

Damages. The court granted in part Whitaker’s request for damages under the Unruh Act. It awarded him $4,000 against the Alawdis jointly and severally. The court rejected his request for $4,000 against each defendant, totaling $8,000, because it found a single violation.

Attorney’s fees. The court found that Whitaker was entitled to seek attorney’s fees under the ADA and Unruh Act, but denied his fee request without prejudice because his submission did not sufficiently distinguish work performed for claims against the Alawdis from work performed before March 9, 2022, on claims against Yisheng Zheng that Whitaker later withdrew. Whitaker could file a renewed fee application within 14 days after entry of judgment. If he sought fees for work before March 9, 2022, he would need to explain why that work was necessary for his claims against the Alawdis and, where appropriate, divide the work between the claims.

Litigation expenses and costs. The court granted in part and denied in part Whitaker’s request for ADA litigation expenses and costs. It awarded $405 for the filing fee and $400 for the investigator’s fee. For service costs, it awarded $70—the amount shown for serving the Alawdis—rather than the $785.25 requested. The total award for expenses and costs was $875 against the Alawdis, jointly and severally.

Disposition

The court vacated the scheduled hearing, directed the Clerk to enter judgment consistent with the order, and denied the application in all other respects. The order was signed by Judge Maxine M. Chesney.