Whitaker

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.…