Judge: Armen Tamzarian, Case: 24STCV18479, Date: 2025-02-07 Tentative Ruling
Case Number: 24STCV18479 Hearing Date: February 7, 2025 Dept: 52
Order to Show Cause Re: Default Judgment
Plaintiff
Cesar Cotto requests court judgment by default against defendant California
Cannabis WC Inc. Plaintiff’s request for default judgment meets
all requirements.
Plaintiff’s proposed judgment, however, includes an
impermissibly vague injunction. “ ‘An
injunction must be sufficiently definite to provide a standard of conduct for
those whose activities are to be proscribed, as well as a standard for the
court to use in ascertaining an alleged violation of the injunction.’ ” (People ex rel. Gascon v. HomeAdvisor,
Inc. (2020) 49 Cal.App.5th 1073, 1082.) “ ‘[A] court may not issue a broad injunction
to simply obey the law.’ ” (Long
Beach Memorial Medical Center v. Kaiser Foundation Health Plan, Inc. (2021)
71 Cal.App.5th 323, 343.)
The proposed judgment includes the following
provision as a form of “other” relief: “An injunction enjoining Defendant
CALIFORNIA CANNABIS WC INC, a California corporation, from further violations
of the Unruh Civil Rights Act, Civil Code § 51, et seq., with respect to the
website ‘www.californiacannabiswc.com.’ ”
This injunction amounts to an order that defendant must obey the Unruh
Civil Rights Act. It is not specific
enough to enforce. The court will strike
this portion of the proposed judgment.
Plaintiff Cesar Cotto’s request for default judgment
against defendant California
Cannabis WC Inc is granted in part. The court will modify and
sign the proposed judgment plaintiff submitted on form JUD-100.