Judge: Peter A. Hernandez, Case: 23PSCV00653, Date: 2024-02-22 Tentative Ruling

Case Number: 23PSCV00653    Hearing Date: May 22, 2024    Dept: K

Plaintiff James Rutherford’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff James Rutherford (“Plaintiff”) alleges as follows:

Plaintiff is disabled and uses a wheelchair for mobility. On December 14, 2022, Plaintiff went to Five Guys (“Business”) located at 1552 S Azusa Ave., City of Industry, CA 91748 (“Property”) but there were no designated parking spaces available for persons with disabilities that complied with the 1991 ADA Standards for Accessible Design and/or the 2010 ADA Standards for Accessible Design (“ADASAD”). The Property is owned by Defendant 1600 Azusa SB One, LLC (“Defendant”).

On March 7, 2023, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for:

1.                  Violation of The Unruh Civil Rights Act

On May 4, 2023, Defendant’s default was entered.

An Order to Show Cause Re: Default Judgment is set for May 22, 2024.

Discussion

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

1.                  The identity of the photographer responsible for taking the pictures in Exhibit 3 attached to Plaintiff’s declaration is unclear. It does not appear that these photographs have been properly authenticated.