Hernandez v. MRVS Enterprises Inc.

Background

Gerardo Hernandez, who uses a wheelchair for mobility, sued MRVS Enterprises Inc., doing business as Hayward Liquor and Groceries, and individual defendants concerning alleged access barriers at the store. The alleged barriers included no designated accessible parking spaces, uneven pavement, and no curb cut. Hernandez brought claims under the Americans with Disabilities Act and California’s Unruh Civil Rights Act.

Hernandez initially named Laurie R. Sells as special administrator of the estate of Vidyagauri Kantilal Khatri, and Pradeep Kantilal Khatri as executor of that estate. Hernandez voluntarily dismissed the claims against Sells. He later learned that ownership had been transferred to Pradeep K. Khatri and Kokila Pradip Khatri as co-trustees of their family trust. Hernandez amended the complaint to name the Khatris in those trustee capacities and eventually served them. The clerk entered defaults against the new defendants, but the court later set aside those defaults.

In August 2023, the parties reported that they had settled Hernandez’s claims for injunctive relief and damages. They agreed to resolve attorney’s fees and costs through a motion. Hernandez then sought $84,457 in attorney’s fees and $8,793.47 in costs.

Legal standard

The Americans with Disabilities Act permits a court to award attorney’s fees and litigation expenses, and the Unruh Civil Rights Act also permits a court-awarded fee. The court used the lodestar method, which calculates fees by multiplying reasonable hours by a reasonable hourly rate. The party seeking fees must provide billing records supporting the hours claimed, and the court may reduce hours that are excessive, duplicative, inadequately documented, or unnecessary.

The court also considered whether Hernandez unnecessarily prolonged the case. It relied on precedent allowing a fee reduction when a plaintiff unreasonably protracts litigation.

Court’s analysis

The court approved the requested hourly rates: $475 for attorney Tanya Moore, $195 for paralegal Whitney Law, and $175 for paralegal Isaac Medrano. The court found that Moore’s experience and prior fee awards supported her rate. It also found sufficient evidence supporting the rates for Law and Medrano.

The court concluded that the 238 hours billed were disproportionate to the routine nature of the case. It found that Hernandez’s counsel knew in May 2022 that the proper landlord defendants had not been named but did not promptly seek to amend the complaint. The court also found that Hernandez proceeded with a mediation, sought relief from a default-judgment deadline, and continued case proceedings without telling the court that the default had been entered against an incorrect defendant. The court determined that this delay contributed to the litigation’s length.

Because the proper parties were not present for the August 2022 mediation or the September 2022 case-management conference, the court ruled that Hernandez could not recover fees for those events. It also ruled that he could not recover for discovery-related work because discovery had proceeded after the court lifted a stay based on Hernandez’s representation that the necessary parties had been served, appeared, or defaulted. The court listed deductions of 61.4 hours for Moore, 48.6 hours for Law, and 4.2 hours for Medrano for mediation, the case-management conference, default-judgment work, and discovery.

The court also discussed other objections. It reduced Moore’s time for preparing the complaints, service-related work, the site inspection, and the fee motion. It reduced Law’s time for the fee motion and for an entry that appeared unrelated to the case. The court rejected the Khatris’ objections to block billing and clerical work, finding that the challenged entries did not justify further reductions. It also rejected MRVS’s argument that it should not be responsible for work involving the Khatris, explaining that landlords and tenants can be jointly and separately liable for disability-access violations and related statutory fees and costs.

For costs, the court reduced the requested $2,800 charge for a certified access specialist inspection to $1,500. It rejected MRVS’s objection to costs related to serving the Khatris but struck $881 in costs related to the canceled deposition.

Disposition

The court granted in part and denied in part Hernandez’s motion for attorney’s fees and costs. It awarded $45,080 in attorney’s fees and $6,912.47 in costs, for a total of $51,992.47. The order states that the fees and costs are awarded jointly and severally against the applicable defendants.