Judge: Michael P. Linfield, Case: 22STCV40085, Date: 2024-01-25 Tentative Ruling

Case Number: 22STCV40085    Hearing Date: February 28, 2024    Dept: 34

PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I.          BACKGROUND

On December 23, 2022, Plaintiff Cesar Cotto filed his Complaint against Defendant Oh My Crab House LLC on a cause of action for violation of the Unruh Civil Rights Act.

On March 10, 2023, Plaintiff amended his Complaint to substitute Doe 1 with Forever Food, Inc.

On March 16, 2023, by request of Plaintiff, the Clerk’s Office dismissed without prejudice Defendant Oh My Crab House LLC from the Complaint.

On June 15, 2023, by request of Plaintiff, the Clerk’s Office entered default on Defendant Forever Food, Inc.

On June 26, 2023, Plaintiff filed a new Judicial Council Form, CIV-100, Request for Entry of Default.

On December 19, 2023, Plaintiff filed:

(1)       Judicial Council From CIV-100, Request for Court Judgment;

(2)       Judicial Council Form CIV-110, Request for Dismissal;

(3)       Judicial Council Form JUD-100, Proposed Judgment;

(4)       Declaration Cesar Cotto;

(5)       Declaration of Joseph R. Manning, Jr.;

(6)       Summary of the Case; and

(7)       Proposed Judgment.

On December 21, 2023, by request of Plaintiff, the Clerk’s Office dismissed without prejudice the remaining doe defendants from the Complaint.

        On January 25, 2024, the Court continued the hearing on the request for default judgment so that Plaintiff could file with the Court the word of his proposed injunction.

        On January 29, 2024, Plaintiff filed his Proposed Order and his Request for Judicial Notice.

II.       ANALYSIS

The Request for Judicial Notice is DENIED.  Counsel has been a licensed attorney since 2002 and should know that he can simply cite to a published opinion of the California Court of Appeal; judicial notice of the opinion is not necessary.  Further, the Request for Judicial Notice states that the jump cite is at p. 32.  (See Request for Judicial Notice, p. 2:6.)  However, there is no page 32 of the case, whose citation is 39 Cal.App.5th 634.

        The Request for Default Judgment is GRANTED.

Default Judgment is AWARDED in favor of Plaintiff and against Defendant in the total amount of $9,074.00.

        Defendant is ENJOINED to, within six months of the issuance of this Order: (1) take steps necessary to make its website “www.ohmycrab.com” conform to the Web Content Accessibility Guidelines (WCAG) 2.0 success criteria AA, promulgated by the WorldWide Web Consortium; and (2) change its corporate policies, practices, and procedures to provide for regular maintenance of “www.ohmycrab.com” so that it remains in conformance with WCAG 2.0 success criteria AA.