Judge: Peter A. Hernandez, Case: 22PSCV02329, Date: 2023-08-30 Tentative Ruling
Case Number: 22PSCV02329 Hearing Date: August 30, 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 30, 2022, Plaintiff
went to Los Compadres Market located at 13107 Valley Blvd., City of Industry, California
(“Store”) but encountered ADA non-compliant conditions pertaining to paths of
travel which denied Plaintiff full and equal access. Plaintiff also observed
that there was not enough clear floor space in front of the sales counter due
to a table placed in front of it. The Store is owned by Defendant Marizzelly De
Jesus Aburto (“Defendant”).
On December 5, 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 12, 2023, Defendant’s default was entered.
A Case Management Conference is set for August 30, 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 $1,310.86 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, 1:28, 3:7-8; 8:4-13). The
proposed judgment, however, does not contain any reference to the imposition of
an injunction. This discrepancy must be reconciled.