Judge: Peter A. Hernandez, Case: 22PSCV02038, Date: 2023-08-09 Tentative Ruling

Case Number: 22PSCV02038    Hearing Date: August 9, 2023    Dept: K

Plaintiff
Antonio Fernandez’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Antonio Fernandez
(“Plaintiff”) alleges as follows:

Plaintiff is a
paraplegic and uses a wheelchair for mobility. On August 8, 2022, Plaintiff
went to Juhn’s Liquor Market located at 2706 Peck Rd., El Monte, California (“Store”)
but encountered ADA non-compliant conditions pertaining to paths of travel
which denied Plaintiff full and equal access. The Store is owned by Defendant Nakoud
#2 (“Defendant”).

On November 23, 2022, Plaintiff
filed a complaint, asserting causes of action against Defendant for:

1.                 
Violation of The Unruh Civil Rights Act

2.                 
Violation of the California Disabled Persons Act

On April 17, 2023, Defendant’s
default was entered.

An Order to Show Cause Re: Default
Judgment is set for August 9, 2023.

Discussion

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

1.                 
Plaintiff is requested to resubmit its attorney’s fees
request in compliance with Local Rule 3.214.

2.                 
Plaintiff’s Memorandum of Costs seeks $1,514.91 in
“clerk’s filing fees” and $450.00 in “process server’s fees.” Plaintiff is
requested to provide the court with an itemized statement re: same.

3.                 
Plaintiff’s Memorandum of Costs seeks $200.00 in
“investigator fees.” Plaintiff fails to provide the court with any authority
entitling Plaintiff to same.

4.                 
Plaintiff’s “Application for Default Judgment” states
that Plaintiff seeks an injunction (Application, 2:1, 3:7-8; 8:6-13). The
proposed judgment, however, does not contain any reference to the imposition of
an injunction. This discrepancy must be reconciled.