Machowski v. 333 N. Placentia Property, LLC, No. 21-55673 (9th Cir. 2022)
Annotate this CasePlaintiff-appellant Amber Machowski was an individual with a disability who used a wheelchair for mobility. Defendant 333 N. Placentia Property, LLC, was the owner of a property in Fullerton, California, on which a business establishment known as City Market Liquor II was located. When Machowski attempted to patronize the store, she encountered architectural barriers that prevented her from making full use and enjoyment of the premises. Machowski sued Defendant, asserting claims under the Americans with Disabilities Act, and the Unruh Civil Rights Act. The complaint sought injunctive relief, statutory damages under the Unruh Act, and reasonable attorney’s fees and costs. After Defendant failed to respond to the complaint, Machowski applied for the entry of default judgment, seeking injunctive relief and statutory damages. Machowski’s application for default judgment did not seek an award of attorney’s fees. Instead, it advised the district court that “plaintiff will separately file a motion for her attorney fees and costs once this application is granted and judgment has been entered.” The district court declined to exercise supplemental jurisdiction over Machowski’s Unruh Act claim, granted default judgment on her ADA claim, ordered injunctive relief, and sua sponte awarded Machowski $1000 in attorney’s fees under Central District of California Local Rule 55-3. Machowski timely appealed the fee award. The Ninth Circuit held that where, as here, a prevailing party advises the district court that it is opting out of the fee schedule and will seek by motion, an award of reasonable attorney's fees, the district court abuses its discretion by disregarding the plaintiff's choice and sua sponte awarding fees under the fee schedule. Accordingly, the fee award was vacated and the matter remanded for further proceedings.
Court Description: Attorney’s Fees. The panel vacated the district court’s award of attorney’s fees to the plaintiff, following entry of default judgment in an action under the Americans with Disabilities Act, and remanded for further proceedings. Central District of California Local Rule 55-3, governing the award of attorney’s fees in cases of default judgment, provides that fees shall be calculated according to a fee schedule tied to the amount of the judgment, but it also states that a party “claiming a fee in excess of this schedule may file a written request at the time of entry of the default judgment to have the attorney’s fee fixed by the Court.” The panel held that where a prevailing party advises the district court that it is opting out of the fee schedule and will seek, by motion, an award of reasonable attorney’s fees, the district court abuses its discretion by disregarding the plaintiff’s choice and sua sponte awarding attorney’s fees under the fee schedule. Dissenting, Judge M. Smith wrote that appellant never made clear that she was seeking a fee award in excess of the Central District of California’s fee schedule. He wrote that appellant failed to establish any grounds for relief on appeal MACHOWSKI V. 333 N. PLACENTIA PROPERTY 3 because she failed to show that the district court erred by not using the lodestar approach, and did not argue on appeal that the timing of the district court’s ruling was improper.
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