Judge: Bruce G. Iwasaki, Case: 21STCV39025, Date: 2022-09-12 Tentative Ruling

Case Number: 21STCV39025    Hearing Date: September 12, 2022    Dept: 58

JUDGE BRUCE G. IWASAKI

Hearing Date:             September 12, 2022

Case Name:                 Lloyd Mosley v. Marcos Miranda

Case No.:                    21STCV39025

Matter:                        Request for Entry of Default Judgment

Moving Party:             Plaintiff Lloyd Mosley

TENTATIVE RULING

The Default Judgment Application is denied without prejudice. 

STATEMENT OF CASE

            This is an action for violation of the Unruh Civil Rights Act brought by Lloyd Mosley (Plaintiff) against Marcos Miranda dba Un Big Burrito (Defendant).  Plaintiff alleges that he is a quadriplegic who uses a wheelchair, and that Defendant operates a restaurant located at 145252 ½ Vanowen Street, Van Nuys, CA.  While patronizing the restaurant, Plaintiff allegedly encountered an “architectural barrier” in the restroom.  The toilet seat covers were reportedly mounted too high, which prevented Plaintiff from using the restroom.  The Complaint alleges violations of Civil Code sections 51, 54, and 54.1.  The default judgment seeks $4,000.00 in statutory damages.

DISCUSSION

Plaintiff has not submitted any declarations, dismissed the “Doe” defendants, or provided a proposed judgment.  The request should be supplemented with the documents and requirements listed under California Rules of Court, rule 3.1800(a)(1)-(9).  Accordingly, the request is denied without prejudice.  At the hearing, the Court will set another date for an OSC re entry of judgment.