Johnson v. Santa Clara Plaza 478, LLC

Background

Scott Johnson alleged that Santa Clara Plaza 478, LLC (SCP), which owns and operates Santa Clara Plaza, violated Title III of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. Johnson alleged that he is a quadriplegic who requires a wheelchair, visited Santa Clara Plaza three times, and encountered parking-space slopes and paths of travel with slopes exceeding 2.1 percent. He also alleged that the barriers deterred him from returning.

SCP did not appear in the case. After Johnson requested it, the Clerk of Court entered SCP’s default. Johnson then moved for default judgment, which is a judgment entered against a party that failed to defend the case.

Jurisdiction, Service, and Standing

The court determined that it had subject-matter jurisdiction over Johnson’s ADA claims and supplemental jurisdiction over the related state-law claims. It found personal jurisdiction over SCP and noted that Johnson filed proof that the summons and complaint were personally delivered to SCP’s agent for service.

The court also found that Johnson had standing, meaning a sufficient personal stake to sue. His allegations that he personally encountered the barriers, experienced difficulty and discomfort, and intended to return but was deterred were adequate to show an injury that could be addressed by a favorable decision.

Default Judgment

Applying the factors used to evaluate default-judgment motions, the court found that Johnson adequately alleged an ADA claim. It found that he alleged a qualifying disability, that SCP operated a place of public accommodation, and that he was denied access because of architectural barriers. The court stated that excessively steep parking-space slopes and cross-slopes can qualify as architectural barriers under the ADA. Because an ADA violation necessarily constitutes a violation of the Unruh Act under the circumstances described, the court also found that Johnson adequately alleged an Unruh Act claim.

The court concluded that the other default-judgment factors also supported entry of judgment. It found that Johnson would be prejudiced if judgment were not entered, and that SCP’s failure to appear after proper service provided no indication of excusable neglect or a likely dispute over the material facts.

Relief

Johnson requested $12,000 in statutory damages—$4,000 for each of his three visits—along with attorneys’ fees, costs, and injunctive relief. The court granted the motion for default judgment in part but awarded a single $4,000 statutory award. It declined to award separate statutory damages for multiple visits to the same facility on this default-judgment motion.

The court ordered injunctive relief requiring SCP to provide parking and paths of travel at Santa Clara Plaza, located at 478 E. Santa Clara St., San Jose, California, that are free of excessive slopes and comply with applicable ADA standards.

The court awarded $1,597.50 in attorneys’ fees. It awarded $535 in costs, including $100 for investigative work, for a combined attorneys’ fees-and-costs award of $2,132.50. The order directed Johnson to promptly serve SCP with the order and file proof of service on the docket.