Judge Salvatore Sirna, Case 22PSCV02351 2023-05-03 Tentative Ruling

Judge: Salvatore Sirna, Case: 22PSCV02351, Date: 2023-05-03 Tentative Ruling

Case Number: 22PSCV02351 Hearing Date: May 3, 2023 Dept: G

Plaintiff Antonio Fernandez’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Antonio Fernandez’s Application for Default Judgment is GRANTED IN PART as to Defendants 3560 University Plaza Pomona LLC and Preston Cole LLC and DENIED without prejudice as to Defendant IZAM LLC.

BACKGROUND

This is a disability rights action. Plaintiff Antonio Fernandez is paralyzed from the waist down and utilizes a wheelchair for mobility. Preston Cole LLC (Preston Cole) owns and operates a liquor store in Pomona on property owned by Preston Cole and 3560 University Plaza Pomona LLC (3560 University). On August 22, 2022, Plaintiff visited the liquor store to access its goods and services and assess the business for compliance with disability access laws. During the visit, Plaintiff alleges the following barriers to access existed: (1) the sales counter was too high and (2) paths of travel for customers were too narrow.

On December 5, 2022, Plaintiff filed a verified complaint against 3560 University, Preston Cole, and IZAM LLC, alleging (1) a violation of the Unruh Civil Rights Act (UCRA) and (2) a violation of the California Disabled Persons Act (DPA). On January 31, 2023, Plaintiff’s registered process server served 3560 University via substitute service in Newport Beach and served Preston Cole via substitute service in Chino Hills. On the same day, Plaintiff’s registered process server also personally served IZAM LLC in Chino Hills.

On March 13, 2023, default was entered against IZAM LLC. On March 17 and March 20, default was entered against Preston Cole and 3560 University respectively. On April 26, Plaintiff submitted the present application for default judgment.

A case management conference is set for May 3, 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 $10,901.05, including $4,000 in damages, $4,760 in attorney fees, and $2,141.05 in costs. Because the court finds Plaintiff has submitted sufficient evidence for damages and costs, the court GRANTS Plaintiff’s application for default judgment against 3560 University and Preston Cole as to these categories. As for attorneys’ fees, Plaintiff requests fees for 16.5 hours. The court reduces the total amount billed by .4 hrs for entries on 3/23/23 and 4/5/23. Utilizing the loadstar approach and in light of the totality of the circumstances, the court finds Plaintiff is entitled to reasonable attorneys’ fees in the amount of $3,220 (16.1 hours at $200/hr).

However, for the following reasons, the court DENIES Plaintiff’s application without prejudice as to IZAM LLC.

“Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.” (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288, quoting Barragan v. Banco BCH (1986) 188 Cal.App.3d 283, 302.) “And if the well-pleaded allegations of the complaint do not state any proper cause of action, the default judgment in the plaintiff's favor cannot stand.” (Id., at p. 282.)

Here, Plaintiff’s Complaint alleges 3560 University and Preston Cole own the location of the liquor store in Pomona. (Complaint, ¶ 2-3.) The Complaint also alleges Preston Cole owned and currently owns the liquor store. (Complaint, ¶ 4-5.) However, the Complaint is devoid of any allegations referencing the third defendant, IZAM LLC. Accordingly, Plaintiff’s Complaint does not state a cause of action against IZAM LLC.

CONCLUSION

Based on the foregoing, Plaintiff’s application for default judgment is GRANTED IN PART as to Defendants 3560 University and Preston Cole and DENIED IN PART without prejudice as to Defendant IZAM LLC.

The court will inquire at the hearing how Plaintiff wishes to proceed as to Defendant IZAM LLC. If Defendant IZAM LLC is to be dismissed by Plaintiff, Plaintiff is ordered to prepare and submit a new judgment consistent with this ruling as follows:

Damages: $4,000, Attorneys’ Fees: $3,220, and Costs: $2,141.05, for a total of $9,361.05.