Johnson v. Ruiz
- Susan Illston
- 3:22-cv-00802
- U.S. District Court · Northern District of California
- 4
In Scott Johnson v. Ruiz, Judge Illston granted default judgment on the ADA claim, ordered barrier removal, and awarded reduced fees plus costs.
Scott Johnson received default judgment, an injunction requiring accessibility changes at Pupuseria Mi Chalateca, $1,807.50 in attorney’s fees, and $902 in costs; Benjamin Jean Ruiz is directed to make the ordered changes.
What happened
In Scott Johnson v. Benjamin Jean Ruiz, the court considered Johnson’s request for judgment because Ruiz did not appear or defend the case. Johnson alleged that Ruiz’s restaurant had barriers that violated the Americans with Disabilities Act.
The court found that the restaurant lacked accessible dining surfaces and paths of travel, and that its restroom sink plumbing was not properly protected. It ordered Ruiz to remove those barriers and bring the restaurant into compliance with accessibility standards.
Judge Susan Illston granted default judgment and injunctive relief. She granted in part Johnson’s request for attorney’s fees and costs, awarding $1,807.50 in fees and $902 in costs instead of the $3,570 in fees requested.
The detailed version
- Johnson v. Ruiz · No. 3:22-cv-00802
- Susan Illston
- Oct. 18, 2022
Background
The court held a hearing on October 14, 2022, concerning Scott Johnson’s motion for default judgment. Johnson and his lawyer appeared; no one appeared for Benjamin Jean Ruiz. Johnson sought default judgment on his claim under the Americans with Disabilities Act (ADA), an injunction requiring removal of accessibility barriers, and attorney’s fees and costs.
Johnson, who uses a wheelchair, stated that he visited Ruiz’s restaurant, Pupuseria Mi Chalateca, twice and encountered accessibility barriers. An accessibility investigator also visited the restaurant in January 2022. The investigator’s declaration identified three barriers: insufficient clearance under indoor and outdoor tables, inaccessible paths of travel inside the restaurant, and restroom plumbing under the sink that was not wrapped to protect against burning contact.
Court’s Analysis
The court found that it had jurisdiction over the case and the parties, that service on Ruiz was proper, and that the factors governing default judgment supported entering judgment. The court found that Johnson had shown that the restaurant violated the ADA by operating with the identified barriers.
The court also found a basis for injunctive relief because Johnson said he intended to return to the restaurant and was in the Bay Area weekly. The injunction directs Ruiz to remove the identified barriers and bring the dining surfaces, paths of travel, and restroom into compliance with ADA standards.
Fees and Costs
Johnson requested $3,570 in attorney’s fees and $902 in costs. The court used the lodestar method, which calculates a presumptive fee by multiplying reasonable hours by reasonable hourly rates. It approved hourly rates of $475 for Russell Handy, $350 for Amanda Seabock, $300 for Sara Gunderson, $350 for Dennis Price, and $100 for Marcus Handy and other assistants.
The court reduced the claimed time because the case was straightforward, counsel had extensive experience with substantially identical disability-access cases, some submissions were boilerplate, and work had been divided among many legal assistants. It awarded $1,807.50 in attorney’s fees and $902 in costs.
Disposition
The court GRANTED Johnson’s motion for default judgment and his request for injunctive relief. It granted in part Johnson’s request for attorney’s fees and costs, awarding the reduced fee amount and the full $902 in requested costs.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.