TENTATIVE RULING

Calendar:    5

Date:          06/13/2025 

Case No: 24 NNCV05478 Trial Date: None Set 

Case Name: Mageno v. Lkatee Collective, 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 Lkatee Collective, Inc., www.oldferrydonutus.com, 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 causes of action for violation the Americans with Disabilities Act, 42 U.S.C. section 12101, et seq, and violations of the Unruh Civil Rights Act, Civil Code § 51, et seq.

The file shows that on April 1, 2025, the matter was called for hearing on a Case Management Conference.  At the hearing, the court ordered the CMC continued to June 5, 2025 and ordered, “Plaintiff’s counsel is to submit a mini-brief on the non-assessment of the $1,000.00 high filer fee 5 days before the next court date.” 

On May 28, 2025, plaintiff timely filed and served Plaintiff’s Brief Re: Whether High Frequency Litigant Fees are Appropriate in this Case, along with a declaration of counsel.  

At the CMC on June 5, 2025, the court noted that no mini-brief had been submitted by defense counsel and ordered, “Defense counsel to submit a Mini-Brief regarding the Supplemental $1,000.00 Fee for Filing of a Complaint by a High Frequency Litigant GC 70616.5 by no later than 06/10/2025.”

The court ordered the CMC continued to June 13, 2025, and also set for that date an Order to Show Cause Re: Supplemental $1,000.00 Fee for Filing of a Complaint by a High Frequency Litigant GC 70616.5. 

No timely brief has been filed by defendant.  

RULING:

Having reviewed plaintiff’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.  

 DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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