Johnson v. Lo

Background

Scott Johnson sued Shit-Fong Lo, individually and as trustee under a specified declaration of trust, and Abdo Saad Alwishah. Johnson asserted claims under Title III of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. He sought an injunction, statutory damages, attorneys’ fees, and costs.

According to the complaint, Johnson is a C-5 quadriplegic who uses a wheelchair and has significant manual dexterity impairments. He alleged that he visited McKee Smoke Shop three times in September 2021 and encountered two accessibility barriers: no sales counter usable by wheelchair users that was 36 inches or less above the floor, and a pull-bar-style entrance handle that required tight grasping. He alleged that the barriers could be removed without much difficulty or expense and that he intended to return once the store became accessible.

The defendants did not appear or respond. At Johnson’s request, the clerk entered defaults against both defendants. Johnson then moved for default judgment.

Jurisdiction and Service

The court found federal-question jurisdiction based on the ADA claim and supplemental jurisdiction over the Unruh Act claim. It also found personal jurisdiction over both defendants. The court concluded that Alwishah was subject to general jurisdiction based on records concerning the store and that Lo was subject to specific jurisdiction because of ownership of the California property where the store was located.

The court found that both defendants were properly served. Alwishah’s agent for service of process received the summons and complaint by substitute service at the store, followed by mailing. Lo was served by publication after the court found that a cause of action existed and that reasonable diligence had been used in earlier service attempts.

Default Judgment Analysis

Applying the seven factors used to evaluate default judgment, the court found that default judgment was appropriate. The court determined that Johnson would be prejudiced without a judgment, that the requested statutory damages were proportional to the alleged conduct, that there was no indication of excusable neglect, and that the defendants’ failure to participate made a decision on the merits impossible.

The court also found that Johnson’s complaint adequately alleged meritorious ADA and Unruh Act claims. It treated the liability-related allegations as true because of the defendants’ default. The court found that Johnson adequately alleged a disability, that Alwishah owned, leased, or operated a place of public accommodation, that Lo owned the property, and that Johnson personally encountered architectural barriers. It further found that the alleged conditions violated the accessibility requirements under the 2010 ADA Standards for Accessible Design; the court stated that the result would be the same under the earlier standards.

Because the court found an ADA violation, it also found that Johnson had sufficiently alleged an Unruh Act violation. The court stated that an ADA violation necessarily constitutes an Unruh Act violation under the authorities and statute it cited.

Relief Awarded

The court granted Johnson’s request for injunctive relief and ordered the defendants to bring the store’s sales counters and door hardware into compliance with the 2010 ADA Standards. The injunction was described in the order as permanent.

Johnson sought $4,000 in statutory damages for each instance of discrimination. The court awarded $4,000 total and made the defendants jointly and severally liable for that amount. The court noted that Johnson had alleged three visits but relied on its prior practice of declining to award separate statutory damages for multiple visits to the same facility on a default-judgment motion.

Johnson requested $3,000 in attorneys’ fees and $1,364 in costs. The court reduced the requested fees and costs after finding that the evidence only partially supported the request, that the hours were excessive for the litigation, and that using five attorneys and fourteen legal assistants created duplication and inefficiency. The court awarded $1,790 in fees and $1,164 in costs, for a combined award of $2,954. The costs included $200 in investigator fees rather than the $400 requested.

Disposition

The court granted in part Johnson’s motion for default judgment, awarded $4,000 in statutory damages and $2,954 in attorneys’ fees and costs, and granted a permanent injunction requiring compliance with the 2010 ADA Standards. It also ordered Johnson to promptly serve the defendants with the order and file proof of service. The February 23, 2023 hearing was vacated.