Warner v. Delano
- Haywood Gilliam
- 4:21-cv-05666
- U.S. District Court · Northern District of California
- 4
In Warner v. Delano, Judge Gilliam denied default judgment because service was unclear and ordered proper service within 21 days.
Wade Warner’s request for default judgment was denied, and he was given 21 days to complete proper service or provide a sufficient proof of service. Dennis Delano remained entitled to proper service before the court could enter default judgment.
What happened
In Warner v. Delano, Wade Warner alleged that Dennis Delano’s store denied him access because he was not wearing a mask, despite his claimed disability and medical exemption. Warner brought claims under the Americans with Disabilities Act and California’s Unruh Civil Rights Act.
After Delano did not respond to the amended complaint, the clerk entered default, and Warner requested default judgment. The court reviewed a magistrate judge’s recommendation to deny that request for failure to state a claim, but reached the same result on different grounds.
Judge Haywood S. Gilliam, Jr. denied the motion for default judgment because the record did not show that Delano was properly served. The court ordered Warner to complete proper service or provide a more detailed proof of service within 21 days; otherwise, the case will be dismissed without prejudice.
The detailed version
- Warner v. Delano · No. 4:21-cv-05666
- Haywood Gilliam
- Mar. 1, 2023
Background
Wade Warner alleged that, in April 2021, he tried to shop at Dennis Delano’s store, Fairfax Market, but staff refused him access because he was not wearing a mask. Warner alleged that he has severe anxiety that limits his social interactions and ability to drive long distances, that wearing a mask worsens his anxiety, and that his doctor gave him a written medical exemption. He alleged that he offered to provide the exemption, but staff did not allow him to enter or offer someone to shop for him.
Warner asserted claims under the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He sought an injunction under the Americans with Disabilities Act, $4,000 in statutory damages under the Unruh Civil Rights Act, and attorneys’ fees and costs.
Procedural History
The court previously granted Delano’s motion to dismiss Warner’s original complaint and allowed Warner to amend. After Warner filed an amended complaint and Delano did not respond, Warner requested entry of default. The clerk entered default, and Warner then moved for default judgment.
A magistrate judge recommended denying default judgment for failure to state a claim. Warner objected. The district court adopted the recommended disposition, but on different grounds.
Service of Process
The district court explained that it had an independent duty to determine whether service of process was proper before entering default judgment. The proof of service stated that the amended complaint was delivered to Warner’s address and identified Fairfax Market as the address. It did not state that counsel personally handed the documents to Delano, and the record did not show that Delano was present at the store.
The court also found insufficient information to establish substituted service under California law. The proof did not indicate that counsel left the documents with a person apparently in charge who was at least 18 years old, or that counsel later mailed the documents as required. The court noted that the record did not clearly show that the amended complaint was mailed at all.
Ruling
The court denied the motion for default judgment. It directed Warner to complete proper service on Delano, or amend the proof of service with enough detail to establish proper service, within 21 days of the order. The court stated that if Warner did not complete service by that deadline, the case would be dismissed without prejudice under Federal Rule of Civil Procedure 4(m).
The court did not decide the merits of Warner’s disability-discrimination claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.