Johnson v. Yafai et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/3/16 recommending that plaintiff's Motion for default judgment 7 be granted. F&R referred to District Judge Troy L. Nunley. Objections to F&R due within fourteen days. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT JOHNSON,
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No. 2:15-cv-0226 TLN CKD
Plaintiff,
v.
FINDINGS AND RECOMMENDATIONS
RASHAD YAFAI, et al.,
Defendants.
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Presently before the court is plaintiff’s motion for default judgment. This matter was
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submitted without oral argument. The undersigned has fully considered the briefs and record in
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this case and, for the reasons stated below, will recommend that plaintiff’s motion for default
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judgment be granted.
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Plaintiff is a permanently disabled wheelchair user. Defendants operate a liquor store
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located in Stockton Heights, California. The complaint alleges that plaintiff visited the subject
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establishment in August and September, 2014 and encountered architectural barriers which
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denied him full and equal access.
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The record reflects that defendant AbdoYahia Nagi was served by substituted service on
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February 16, 2015, defendant Musa Ali Hassan was served by substituted service on February 17,
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2015, and defendant Rashad Sam Yafai was served by substituted service on March 23, 2015.
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ECF Nos. 4, 5, 6. Defaults were entered on July 14, 2015. Plaintiff thereafter filed a motion for
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default judgment with a proof of service reflecting service of the motion on defendants. Plaintiff
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seeks an entry of default judgment in the amount of $8,000 pursuant to California Civil Code
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section 52(a)1 and attorney’s fees and costs in the amount of $4,115.00 as well as injunctive
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relief.2
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Entry of default effects an admission of all well-pleaded allegations of the complaint by
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the defaulted party. Geddes v. United Financial Group, 559 F.2d 557 (9th Cir. 1977). The court
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finds the well pleaded allegations of the complaint state a claim for which relief can be granted.
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Anderson v. Air West, 542 F.2d 1090, 1093 (9th Cir. 1976). The memorandum of points and
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authorities and affidavits filed in support of the motion for entry of default judgment also support
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the finding that plaintiff is entitled to the relief in the form of statutory damages, attorney’s fees
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and injunctive relief requested in the prayer for default judgment, which does not differ in kind
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from the relief requested in the complaint. Henry v. Sneiders, 490 F.2d 315, 317 (9th Cir.), cert.
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denied, 419 U.S. 832 (1974). Plaintiff is entitled to statutory damages for each “offense,” i.e.,
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each obstructed visit. See Lentini v. Cal. Ctr. for the Arts, 370 F.3d 837, 847 (9th Cir. 2004); see
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also Feezor v. DeTaco, Inc., 431 F.Supp.2d 1088 (S.D. Cal. 2005). The amount of attorney’s fees
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requested by plaintiff is reasonable. With respect to plaintiff’s claim for injunctive relief, the
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court finds that defendants have failed to provide accessible parking spaces, an accessible
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transaction counter, accessible paths of travel through the merchandise aisles and an accessible
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restroom, as required by 28 Code of Federal Regulations, Part 36, Appendix D, (“ADAAG”).
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There are no policy considerations which preclude the entry of default judgment of the type
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requested. See Eitel v. McCool, 782 F.2d 1470, 1471-1472 (9th Cir. 1986) (factors that may be
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considered by the court are possibility of prejudice to the plaintiff, merits of plaintiff’s substantive
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claim, sufficiency of the complaint, sum of money at stake in the action; possibility of a dispute
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The Unruh Civil Rights Act provides, in relevant part, for a minimum statutory damage amount
of $4,000 per violation. Cal. Civ. Code § 52(a).
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Plaintiff seeks injunctive relief requiring defendants to remove identified architectural barriers
only to the extent such alterations are readily achievable.
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concerning material facts; whether the default was due to excusable neglect, and strong policy
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underlying the Federal Rules of Civil Procedure favoring decisions on the merits).
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Accordingly, IT IS HEREBY RECOMMENDED that:
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1. Plaintiff’s motion for default judgment (ECF No. 7) against defendant be granted;
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2. Plaintiff be awarded statutory damages in the amount of $8,000.00 and attorney’s fees
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and costs in the amount of $4,115.00, for the total sum of $12,115.
3. Plaintiff be granted an injunction requiring defendants to provide readily achievable
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property alterations to the property known as “Corona Liquor” a facility located at 2280 E. Main
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Street, Stockton, California that consist of the following, all in accordance with the Americans
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With Disabilities Act of 1990 (ADA) and the Americans With Disabilities Act Accessibility
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Guidelines (ADAAG) contained in 28 Code of Federal Regulations Part 36, Appendix D:
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accessible parking spaces, an accessible transaction counter, accessible paths of travel through the
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merchandise aisles and an accessible restroom.
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4. The Clerk of Court be directed to close this case.
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These findings and recommendations are submitted to the United States District Judge
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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days
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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections
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within the specified time may waive the right to appeal the District Court’s order. Martinez v.
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Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: March 3, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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