Johnson v. Izaan, LLC

Background

Scott Johnson, who is quadriplegic and uses a wheelchair for mobility, sued Izaan, LLC. The complaint alleged that Izaan owned New Tandoori Café in San Jose, California, and that the restaurant lacked enough knee or toe clearance under its outdoor dining surfaces for wheelchair users. Johnson alleged violations of Title III of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act.

Izaan did not appear in the case. After Johnson requested it, the clerk entered Izaan’s default. Johnson then moved for default judgment.

Jurisdiction, Service, and Standing

The court concluded that the ADA claims presented a federal question and that it had supplemental jurisdiction over the state-law claims. It also found that Johnson had properly served Izaan through substituted service by a registered California process server.

The court held that Johnson had standing, meaning a sufficient personal injury connected to the defendant’s conduct that could be remedied by a court decision. Johnson alleged that he personally visited the restaurant in October 2020, encountered the inaccessible dining surfaces, experienced difficulty and discomfort, intended to return, and was currently deterred by the barriers.

Default Judgment

Under Federal Rule of Civil Procedure 55(b)(2), a court may enter judgment against a defendant that has failed to defend the case. The court applied the factors used to decide whether default judgment is appropriate, including the possible harm to the plaintiff, the strength of the claims, the adequacy 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.

The court found that the complaint adequately alleged an ADA claim. It determined that Johnson alleged he was disabled, that New Tandoori Café was open to the public and operated by a private entity covered by the ADA, and that he was denied access because of his disability. The complaint also alleged that the barriers could be removed without much difficulty or expense. Because an ADA violation also violates the Unruh Act under the circumstances described, the court found that Johnson adequately alleged an Unruh Act claim as well.

The court further found that the other default-judgment factors favored relief. Without judgment, Johnson would remain subject to the physical barriers. The amount sought was $6,895, consisting of $4,000 in damages and $2,895 in attorneys’ fees and costs, and the court found that amount not grossly disproportionate to the alleged conduct. Izaan’s failure to appear after proper service provided no indication of excusable neglect or a likely dispute over the material facts.

Relief

The court granted Johnson’s request for a single $4,000 statutory-damages award under the Unruh Act.

The court also ordered injunctive relief, meaning a court order requiring or prohibiting conduct. It ordered Izaan to provide wheelchair-accessible dining surfaces at the property located at 5134 Stevens Creek Road, San Jose, California.

Johnson requested $2,060 in attorneys’ fees. The court found that the 9.1 hours recorded were reasonable but concluded that the requested hourly rates were too high. It awarded $1,475 in attorneys’ fees. Johnson requested $835 in costs, including $400 for investigative costs. Because the investigative request was not documented, the court awarded $100 for that work and $535 in total costs. The combined award for attorneys’ fees and costs was therefore $2,010.

Disposition

The court’s conclusion states that Johnson’s motion for default judgment was granted in part. Johnson received $4,000 in statutory damages and $2,010 in attorneys’ fees and costs, and Izaan, LLC was ordered to provide wheelchair-accessible dining surfaces at the specified property. The order also directed Johnson to promptly serve Izaan with the order and file proof of service. Judge James Donato signed the order on September 30, 2022.