Kohler v. Islands Restaurants, LP
280 F.R.D. 560
S.D. Cal.2012Background
- Kohler, a paraplegic plaintiff, sued Islands Restaurants in Carlsbad for ADA violations across parking, bar area, and restroom accessibility.
- Islands answered with thirty-one affirmative defenses and later withdrew thirteen of them.
- Kohler moved to strike all defenses or for partial summary judgment; the court considered the matter on papers without oral argument.
- The court rejects Twombly/Iqbal expansion to affirmative defenses, applying a fair-notice standard instead.
- The court grants in part and denies in part Kohler’s motion, strikes several defenses with leave to amend, and leaves others intact or denied without prejudice.
- Islands must amend its answer by a specified deadline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the motion to strike | Kohler argues timely under Rule 12(f) despite 21-day limit. | Islands contends timing aligns with default notions or waiver. | Timely; 24 days counted due to Rule 6(d) for electronic service. |
| Fair-notice sufficiency of first/second defenses | Defenses simply say ‘fails to state a claim’ and ‘lacks standing.’ | Defenses provide nothing about grounds for challenge. | Stricken with leave to amend. |
| Statute of limitations defense adequacy | Third defense lacks specificity of applicable statute. | Defense undisclosed; attached briefing absent. | Stricken with leave to amend; partial summary judgment denied. |
| Other defenses—adequacy of notice and legal sufficiency | Several defenses lack basis or are immaterial to claims. | Some defenses may rest on proper grounds but need notice. | Numerous defenses stricken with leave to amend; several denied without prejudice; others denied. |
| Application of Twombly/Iqbal to affirmative defenses | Advocates applying heightened pleading standard. | Twombly/Iqbal not extended to Rule 8(c) defenses in Ninth Circuit. | Court declines to extend Twombly/Iqbal; uses fair-notice standard. |
Key Cases Cited
- Wyshak v. City Nat’l Bank, 607 F.2d 824 (9th Cir. 1979) (fair notice standard for affirmative defenses)
- Conley v. Gibson, 355 U.S. 41 (U.S. 1957) (pleading standard: show grounds for relief not required to be detailed)
- Simmons v. Navajo, 609 F.3d 1011 (9th Cir. 2010) (fair notice sufficiency for affirmative defenses)
- Holdbrook v. SAIA Motor Freight Line, LLC, 2010 WL 865380 (D. Colo. 2010) (distinction between pleading time for plaintiffs vs defendants)