Judge: Peter A. Hernandez, Case: 22PSCV00178, Date: 2022-12-05 Tentative Ruling

Case Number: 22PSCV00178    Hearing Date: December 5, 2022    Dept: O

Plaintiff Rebecca Castillo’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Rebecca Castillo (“Plaintiff”) is a visually-impaired and legally blind person who

requires screen-reading software to read website content using a computer. Plaintiff alleges that

Max’s Mexican Cuisine II, Inc. (“Max’s Mexican Cuisine”) has failed to design, construct,

maintain and operate its website to be fully accessible to and independently usable by Plaintiff

and other blind or visually-impaired people.

On February 23, 2022, Plaintiff filed a complaint, asserting a cause of action against Max’s Mexican Cuisine and Does 1-10 for:

1.                  Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.

On May 11, 2022, Max’s Mexican Cuisine’s default was entered. An Order to Show Cause Re: Default Judgment is set for December 5, 2022.

Discussion

Plaintiff’s Application for Default Judgment is denied without prejudice. The following defects are noted:

1.                  Plaintiff has failed to dismiss Does 1-10.

2.                  Plaintiff has failed to provide a summary of the case.