Sepulveda v. Mann Bros Truck Stop Inc.
2:24-cv-01863
| E.D. Cal. | May 23, 2025Background
- Plaintiff Richard Sepulveda, who has physical disabilities requiring use of a walker, visited defendant Mann Bros Truck Stop Inc.'s property (a gas station and mini mart open to the public in Modesto, CA).
- Sepulveda encountered no designated accessible or van-accessible parking spaces, deterring him from safely accessing the property and returning on a subsequent attempt.
- He filed suit alleging violations of the Americans with Disabilities Act (ADA), California’s Unruh Civil Rights Act, and California Health & Safety Code, seeking damages and injunctive relief.
- Defendant was served but never appeared or responded, resulting in entry of default by the clerk.
- Plaintiff moved for default judgment seeking statutory damages, attorney’s fees, costs, and an order requiring ADA-compliant changes to the property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Default judgment eligibility under federal rules | Sepulveda is entitled to judgment as defendant failed to respond | No opposition | Default judgment is appropriate |
| ADA architectural violations (parking accessibility) | Defendant failed to provide accessible/van-accessible parking | No opposition | ADA violation found |
| Statutory damages under Unruh Act | Each visit and deterred visit entitles him to statutory damages | No opposition | $8,000 in damages awarded |
| Injunctive relief and attorney's fees | Seeks order for ADA compliance, attorney’s fees, and costs | No opposition | Injunction and $3,506.50 granted |
Key Cases Cited
- PepsiCo, Inc. v. California Sec. Cans, 238 F. Supp. 2d 1172 (C.D. Cal. 2002) (lists discretionary factors for default judgment)
- Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (district court discretion in granting default judgment)
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (describes factors for default judgment)
- Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939 (9th Cir. 2011) (ADAAG standards guide ADA barrier claims)
- Lentini v. California Ctr. for the Arts, Escondido, 370 F.3d 837 (9th Cir. 2004) (ADA violation is per se Unruh Act violation)
- Wander v. Kaus, 304 F.3d 856 (9th Cir. 2002) (damages not available under Title III ADA; only injunctive relief)