Whitaker v. Sifflet

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-03144-VC Plaintiff, ORDER GRANTING DEFAULT v. JUDGMENT DAVID SIFFLET, Re: Dkt. No. 13 Defendant.

Brian Whitaker’s motion for default judgment is granted. The Court has personal jurisdiction over the defendant and subject matter jurisdiction over the case; the defendant was properly sued; and Whitaker has standing to sue. The Eifel factors also weigh in favor of default judgment: the complaint adequately alleges violations of the ADA and its implementing regulations, a violation of the ADA automatically constitutes a violation of the Unruh Act, and the defendant was properly served. See Eitel v. McCool, 728 F.2d 1470, 1471-72 (9th Cir. 1986); Cal. Civ. Code § 51(f). As to relief, the ADA provides for injunctive relief, and both the ADA and the Unruh Act allow for reasonable attorney’s fees and costs. See 42 U.S.C. §§ 12188 (a)(2), 12205; Cal. Civ. Code § 52(a). Whitaker is thus awarded $1,635 in attorney’s fees and $837 in costs. Whitaker is also awarded $4,000 in statutory damages under the Unruh Act. Cal. Civ. Code § 52(a), for a total monetary judgment of $6,472. The defendant is ordered to provide wheelchair accessible dining surfaces at the “Behind the Bun” restaurant located at 4920 Telegraph Ave., Oakland, California, in compliance with the ADA. IT IS SO ORDERED. Dated: October 19, 2021 Koo. we VINCE CHHABRIA United States District Judge