Dytch v. Wawa Thai Food LLC

Background

Albert Dytch alleged that he has muscular dystrophy, which limits his ability to walk and requires wheelchair use. In September 2021, he and his wife visited Wawa Thai Food LLC’s restaurant in Oakland, California. The restaurant operated in a facility owned by Forest Homes, LLC. The opinion identifies Lara Forest in the case caption and states in the factual discussion that Lara Homes was the sole manager of Forest Homes, LLC.

Dytch alleged four access barriers: steps at the main entrance that forced him to use a steep and unmarked alternative route; a doorway too narrow for his wheelchair to reach the outdoor dining deck; difficult-to-navigate doors and a sharp turn on the way to the restroom; and restroom grab bars and a toilet-paper dispenser that prevented him from transferring to and using the toilet.

Dytch sued under the Americans with Disabilities Act (ADA), California’s Unruh Civil Rights Act, and California Health and Safety Code § 19955. Forest Homes, LLC and Lara Forest were served but did not answer. The clerk entered default against them. Wawa Thai Food LLC answered, later settled with Dytch, and was dismissed from the case. Dytch then moved for default judgment against Forest Homes, LLC and Lara Forest.

Default Judgment Analysis

The court found subject-matter jurisdiction because the action included an ADA claim arising under federal law. It also found supplemental jurisdiction over the related California claims. The court found personal jurisdiction based on service and, as to Forest Homes, LLC, its ownership of the facility in Oakland, California.

The court applied the seven factors used to decide whether to enter default judgment, including prejudice to the plaintiff, the merits and sufficiency of the claims, the money at stake, the possibility of a factual dispute, whether the default resulted from excusable neglect, and the preference for decisions on the merits. The court found that the factors favored default judgment because the defendants had not appeared or responded for almost two years, and their absence prevented Dytch from obtaining the requested injunctive relief.

ADA and Unruh Act Claims

The court held that Dytch sufficiently pleaded an ADA claim. It found that his alleged mobility impairment qualified as a disability, that the restaurant was a place of public accommodation, and that the alleged barriers prevented him from fully accessing the restaurant’s goods and services. Because the defendants defaulted, the court treated the well-pleaded factual allegations as true, but it did not treat unsupported facts or legal conclusions as admitted.

The court found that removing the alleged barriers was readily achievable, meaning easily accomplishable without much difficulty or expense. It identified possible measures including adding a ramp and correcting level changes on the alternative entrance route, widening the outdoor-deck doorway and resurfacing the route, installing a power-assist restroom door, and properly positioning restroom grab bars and the toilet-paper dispenser. The court stated that Dytch satisfied the necessary ADA requirements.

The court also found that Dytch sufficiently pleaded an Unruh Act violation because, under California law, an ADA violation necessarily constitutes an Unruh Act violation, without requiring proof of intentional discrimination when the Unruh claim is based on an ADA violation. The court did not analyze the Health and Safety Code § 19955 claim because Dytch had not moved for default judgment on that claim.

Relief

The court granted default judgment. It granted Dytch’s request for $4,000 in statutory damages under the Unruh Act, treating the barriers from his visit as one Unruh Act violation.

The court also granted attorney’s fees and costs but reduced the requested amount. It excluded time spent on settlement discussions with Wawa Thai Food LLC and reduced the billed hours for attorney Tanya Moore and paralegals Whitney Law and Isaac Medrano. The court awarded $9,645.57 in attorney’s fees and costs after accounting for the amount from the settlement with Wawa Thai Food LLC.

The court granted injunctive relief. Forest Homes, LLC must, to the extent it has the legal right and ability to do so, create an accessible entrance to the restaurant with a ramp, make the outdoor dining deck accessible with a wider door, and provide a restroom pathway and configuration that comply with the ADA’s 1991 standards. The injunction has no force against a defendant until that defendant is personally served with the order and an injunction-service certificate is filed with the court.