Judge: Peter A. Hernandez, Case: 23PSCV01367, Date: 2023-10-03 Tentative Ruling

Case Number: 23PSCV01367    Hearing Date: October 3, 2023    Dept: K

Plaintiff Raul Uriarte-Limon’s Application for Default Judgment is DENIED without prejudice.

Background   

Plaintiff Raul Uriarte-Limon (“Plaintiff”) alleges as follows:

Plaintiff has a spinal injury and uses a wheelchair for mobility. On February 17, 2023, Plaintiff went to Burger Depot located at 1169 N. Hacienda Blvd., La Puente, CA 91744 (“Premises”) but encountered parking barriers; namely, the adjacent access aisle to the “accessible” parking space does not have the required running width, markings, or slopes and neither the parking stall nor the access aisle are on a firm, stable, slip-resistant surface. The required ISA and enforcement signage has also been defaced so as to be unreadable. The Premises is owned by Jesus Ibarra, in his capacity as the Trustee of the Hacienda Revocable Living Trust (“Ibarra”), and Eduardo Mota (“Mota”).

On May 5, 2023, Plaintiff filed a complaint, asserting causes of action against Ibarra, Mota and Does 1-10 for:

1.                  Violation of The Americans with Disabilities Act

2.                  Violation of The Unruh Civil Rights Act

3.                  Violation of The California Disabled Persons Act

On July 5, 2023, Mota’s default was entered. On July 26, 2023, Ibarra’s default was entered.

A Case Management Conference is set for October 3, 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 $157.00 in “investigation” fees. Plaintiff fails to provide the court with any authority entitling Plaintiff to same.

3.                  Plaintiff has not provided the court with any evidence regarding Ibarra’s and/or Mota’s ownership of the Premises.