Byron Chapman v. Schellville Grill
4:16-cv-07324
N.D. Cal.Jun 13, 2017Background
- Plaintiff Byron Chapman, a wheelchair user with a spinal cord injury, sues Schellville Grill and Matthew J. Nagan in the Northern District of California for ADA and related state-law accessibility violations.
- Defendants allegedly erected and maintained architectural barriers at Schellville Grill in Sonoma, CA, including parking, ramp, and restroom barriers hindering access.
- Plaintiff visited on July 31, 2016 and December 5, 2016, encountering barriers such as no disabled parking, uneven surfaces, and impediments in the restroom; he notified Nagan of these issues.
- Plaintiff seeks injunctive relief, statutory damages under California Civil Code § 52, attorneys’ fees, costs, and interest; he asserts readiness to return if barriers are removed.
- Service of process: Nagan was properly served; Schellville Grill’s service was found inadequate due to unclear entity type and insufficient information at the restaurant, leading to partial denial of the default judgment request for Schellville Grill.
- Defendants have not appeared or opposed. The motion seeks default judgment; the court recommends granting as to Nagan but denying as to Schellville Grill, and reassigning the case to a district judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment can be entered against the non-appearing defendants. | Chapman seeks entry of default against both defendants. | Not presented; no opposition. | Default judgment denied for Schellville Grill; granted for Nagan on damages and fees. |
| Whether service on Schellville Grill was adequate to support default judgment. | Service of Schellville Grill was improper given entity uncertainties. | Not applicable (no response). | The court cannot determine adequacy of service on Schellville Grill; recommends denial of default as to Schellville Grill. |
| What damages and fees are warranted under the California statutes and ADA claims. | Requests $12,000 statutory damages plus $17,000 in fees. | Not opposed. | Default judgment awarded to Nagan for $21,318 total (statutory damages $8,000 + fees and costs $13,318); Schellville Grill denied; injunctive relief ordered against Nagan. |
| Whether injunctive relief is appropriate and scope of relief. | Removal of all identified barriers is readily achievable. | Not opposed. | Injunctive relief to remove architectural barriers identified in the complaint approved. |
| Whether Eitel factors support default judgment. | Five factors weigh in favor; prejudice, merits, damages, dispute risk, neglect; one weighs against for merits for Schellville Grill. | Not opposed. | Five Eitel factors favor entry of default judgment against Nagan; against Schellville Grill due to service issues. |
Key Cases Cited
- Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (discretion to grant default judgments; factors guiding decision)
- Televideo Sys., Inc. v. Heidenthal, 826 F.2d 915 (9th Cir. 1987) (presumptive truth of plaintiff’s factual allegations on default)
- Geddes v. United Fin. Grp., 559 F.2d 557 (9th Cir. 1977) (deficiency of service and default standard guidance)
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (multifactor test for granting default judgment)
- Nat’l Fed’n of the Blind v. Target Corp., 452 F. Supp. 2d 946 (N.D. Cal. 2006) (ADA/Unruh Act interplay; proof of denial suffices for damages)