Judge: Edward B. Moreton, Jr, Case: 24SMCV02458, Date: 2025-01-14 Tentative Ruling

Case Number: 24SMCV02458    Hearing Date: January 14, 2025    Dept: 205

PROCEEDINGS:      REQUEST FOR DEFAULT JUDGMENT

MOVING PARTY:               Plaintiff Brian Whitaker

RESPONDING PARTY:      Defendant GGET Montana, LLC

BACKGROUND

This is a civil rights action.  Plaintiff Brian Whitaker (“Plaintiff”) alleges that he visited a café owned by Defendant GGET Montana, LLC (“Defendant”) on May 9, 2023, and that the café failed to comply with ADA standards and was in violation of the Unruh Civil Rights Act and the California Disabled Persons Act.  Plaintiff alleges that he was harmed as a result of the café’s barriers to access for disabled persons.

On June 1, 2023, Plaintiff filed this action, alleging two causes of action: (1) Violation of the Unruh Civil Rights Act, and (2) Violation of the California Disabled Person Act.  The complaint seeks injunctive relief as well as treble damages under the Unruh Civil Rights Act and California Disabled Persons Act, and a statutory minimum of $4,000 or $1,000 respectively per violation of each Act.  Plaintiff only seeks monetary recover under whichever act results in the greatest damages.  Plaintiff also seeks reasonable attorney fees and costs pursuant to Cal. Civ. Code § 52 and/or § 54.1.

Though Defendant answered the complaint on July 27, 2023, its answer was stricken on May 3, 2024, after Defendant failed to appear at hearings on April 3, 2024, and May 3, 2024. Plaintiff then successfully requested the entry of Defendant’s default, which was entered by the Clerk’s Office on July 24, 2024.  Plaintiff requested a default judgment on November 8, 2024.  Plaintiff’s request for entry of default judgment indicates that a copy of the request was mailed to Defendant’s last known address.

RELIEF REQUESTED

Default judgment against Defendant for a total of $12,414.16, which is comprised of: (1) $4,000 in special damages, (2) $1,799.16 in costs, and (3) $6,615.00 for attorneys’ fees. 

ANALYSIS

Code of Civil Procedure section 585 sets forth the two options for obtaining a default judgment.  First, where the plaintiff’s complaint seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount.  However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court.  In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc. 585(a).)

Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (CRC Rule 3.1800.)

Here, Plaintiff has not complied with all requirements for a default judgment.  Plaintiff has failed to provide sufficient evidence that Defendant’s facilities were not ADA compliant.  The Declaration of Plaintiff’s investigator, Evens Louis, fails to indicate what the investigator’s qualifications are for assessing whether a business is ADA compliant.

At the Status Conference Re: Entry of Default Judgment hearing on November 14, 2024, the Court noted that Plaintiff’s default judgment packet was incomplete.  Plaintiff has not filed any additional documents since that hearing.

CONCLUSION AND ORDER

For the foregoing reasons, the Court DENIES Plaintiff Brian Whitaker’s request for default judgment.  The Court sets an order to show cause why the case Should Not be dismissed for failure to obtain default judgment on March 14, 2025 at 8:30 a.m.