Vogel v. Rite Aid Corp.
992 F. Supp. 2d 998
C.D. Cal.2014Background
- Plaintiff Martin Vogel, a T‑3 paraplegic who uses a wheelchair, sued Rite Aid Store No. 05585 and others alleging architectural barriers that impeded his access in violation of Title III of the ADA, the California Unruh Act, and the CDPA. Defendant William J. Knight (trustee) defaulted.
- Alleged barriers included excessive access-aisle slopes and cross-slopes, lack of van‑accessible parking/signage, noncompliant restroom hardware and dispenser locations, and uninsulated lavatory pipes. Vogel said these barriers deterred him from subsequent visits.
- Clerk entered default as to Knight; the other defendants were dismissed with prejudice. Vogel moved for default judgment seeking statutory Unruh damages, injunctive relief to remediate barriers, attorneys’ fees, and costs.
- The court applied the Ninth Circuit Eitel factors and treated the factual allegations as admitted by default (except damages), while still testing legal sufficiency.
- The court found Vogel stated viable ADA and Unruh claims, that barrier removal was alleged to be readily achievable, and that Eitel factors favored default judgment. The court awarded $12,000 statutory damages (Unruh), $1,320 attorneys’ fees, $419.20 costs, and entered injunctive relief requiring removal/repair of specified barriers to the extent Knight has legal authority under any lease/state law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is appropriate under Eitel | Default and admitted facts show discrimination and prejudice to Vogel; judgment is needed to obtain relief | Knight did not appear/contest and offered no excuse | Court granted default judgment; Eitel factors (except preference for merits) favor plaintiff |
| Whether Vogel has Article III standing for injunctive relief | He personally encountered barriers and was deterred from returning, creating a concrete future injury | No contest (default); no argument presented | Standing found: deterrence and past encounters suffice for prospective relief under Ninth Circuit precedent |
| Whether Vogel stated a Title III ADA claim based on architectural barriers | Alleged barriers violate ADAAG and denied full and equal access; removal is readily achievable | No contest (default) to rebut feasibility or existence of violations | Court held ADA claim pleaded: Vogel disabled, Rite Aid public accommodation, barriers violated ADAAG, and removal alleged to be readily achievable |
| Whether Unruh Act damages and injunctive relief are recoverable | An ADA violation also violates Unruh; statutory damages ($4,000 per occasion) and injunctive relief available | No contest (default) | Court awarded $12,000 (three deterrence/visit occasions) and injunctive relief to remediate listed barriers |
Key Cases Cited
- Eitel v. McCool, 782 F.2d 1470 (9th Cir.) (default-judgment factors framework)
- Molski v. M.J. Cable, Inc., 481 F.3d 724 (9th Cir.) (elements for Title III ADA claim)
- Hubbard v. Rite Aid Corp., 433 F. Supp. 2d 1150 (S.D. Cal.) (standing and injunctive-relief discussion in ADA/Unruh context)
- Colorado Cross Disability Coalition v. Hermanson Family, Ltd., 264 F.3d 999 (10th Cir.) (burden-shifting framework on readily achievable barrier removal)
- TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915 (9th Cir.) (upon default, well‑pleaded facts taken as true except damages)
- Angelucci v. Century Supper Club, 41 Cal.4th 160 (Cal.) (limits and considerations for statutory Unruh damages)