Judge: Salvatore Sirna, Case: 22PSCV01572, Date: 2023-08-09 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, counsel are advised to check this website periodically to determine whether any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV01572    Hearing Date: August 9, 2023    Dept: G

Plaintiff Rebecca Castillo’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Rebecca Castillo’s Application for Default Judgment is GRANTED.

BACKGROUND

This is a disability rights action. Plaintiff Rebecca Castillo is a visually-impaired and legally blind individual. Defendant Lalaland CA 189 The Grove LLC is a California limited liability company that operates a commercial website available to the public.

As early as September 2022, Plaintiff visited Defendant’s website multiple times and alleges the following barriers to access existed: (1) graphics, links, and buttons on the website were mislabeled or lacked alternative text (alt-text) for screen-reading software to read out; (2) multiple pages contained insufficient navigational headings; (3) product links and descriptions were inaccessible to screen reading technology, and (4) the checkout system was inaccessible.

On October 31, 2022, Plaintiff filed a complaint for damages and injunctive relief against Defendant and Does 1-10, alleging violations of the Unruh Civil Rights Act (UCRA).

On June 1, 2023, Plaintiff filed a First Amended Complaint (FAC) against the same defendants alleging the same cause of action. On June 8, Plaintiff’s process server personally served Defendant’s agent for the service of process in Sacramento.

On July 20, 2023, the court entered default against Defendant. On August 2, Plaintiff submitted the present application for default judgment.

An OSC Re: Default Judgment is set for August 9, 2023.

LEGAL STANDARD

Code of Civil Procedure section 585 permits entry of a default judgment after a party has filed to timely respond or appear.  A party seeking judgment on the default by the court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grounds for each judgment; (7) exhibits as necessary; and (8) a request for attorneys’ fees if allowed by statute or by the agreement of the parties.  (Cal. Rules of Court 3.1800.)

ANALYSIS

Plaintiff seeks default judgment against Defendant in the total amount of $9,074, including $8,000 in damages, $570 in attorney fees, and $504 in costs. The court finds Plaintiff has submitted sufficient evidence and GRANTS the application.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is GRANTED.