TENTATIVE RULING

Calendar:    3

Date:          06/13/2025 

Case No: 24 NNCV01383 Trial Date: None Set 

Case Name: Mageno v. Artelice Patisserie, Inc.

ORDER TO SHOW CAUSE RE: SUPPLEMENTAL FEE FOR FILING OF COMPLAINT BY A HIGH FREQUENCY LITIGANT

FACTUAL AND PROCEDURAL BACKGROUND:

Plaintiff Perla Mageno alleges that plaintiff is a visually impaired and legally blind person who requires screen-reading software to read website content using a computer, and that she has visited the website offered by defendant Artelice Patisserie, Inc., and that during visits to defendant’s website, using plaintiff’s screen-reader, plaintiff encountered multiple accessibility barriers which denied plaintiff full and equal access to the facilities, goods, and services offered to the public and made available to the public on defendant’s website.  The complaint alleges a cause of action for violation of the Unruh Civil Rights Act, Civil Code § 51, et seq.

The file shows that on April 8, 2025, the matter was called for hearing on a Post-Mediation Status Conference and Case Management Conference.  At the hearing, the court inquired regarding the Supplemental fee for filing of a complaint by a high frequency litigant, referring to GC 70616.5.  Plaintiff’s counsel stated that the fee does not apply. 

The court ordered counsel to provide a brief no more than 5 pages in length regarding the issue of the fee for the next court date, which was set for April 28, 2025, and an Order to Show Cause Re: Supplemental $1,000.00 fee for filing of a complaint by a high frequency litigant GC 70616.5 was scheduled for April 28, 2025, along with the continued Case Management Conference. 

Defendant filed and served a brief of five pages on April 21, 2025 and plaintiff filed and served a brief of sixteen pages on April 23, 2025.   

At the hearing on April 28, 2025, the OSC and CMC were called for hearing and continued to June 13, 2025.  The minute order states, “Counsel may file up to a 15-page brief that are due by 05/30/2025.”   

No supplemental briefs have been filed.   

RULING:

Having reviewed plaintiff’s brief and defendant’s brief in response to the Order to Show Cause, the Court discharges the Order to Show Cause Re: Supplemental $1,000.00 fee for filing of a complaint by a high frequency litigant GC 70616.5 and finds that plaintiff is not subject to the high-frequency filing fee requirement under Government Code section 70616.5 at this time.  

Plaintiff’s Request for Judicial Notice is GRANTED as to Exhibit 9, a federal district court opinion.  

Request for Judicial Notice is DENIED as to Exhibits 1-8 and 10.   

 DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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