Judge: Salvatore Sirna, Case: 22PSCV02866, Date: 2024-03-11 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 a tentative ruling by calling the clerk in Department G at (909) 802-1104 prior to 8:30 a.m. the morning of the hearing.

Case Number: 22PSCV02866    Hearing Date: March 11, 2024    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 Hotties International LLC (Hotties) is a California limited liability company that operates a commercial website available to the public.

As early as October 2022, Castillo visited Hotties’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) menu links and descriptions were inaccessible to screen reading technology, and (4) the checkout system for pickup orders was inaccessible.

On December 13, 2022, Castillo filed a complaint for damages and injunctive relief against Hotties and Does 1-10, alleging violations of the Unruh Civil Rights Act (UCRA).

On September 28, 2023, Castillo filed a First Amended Complaint (FAC) against the same defendants alleging the same causes of action. On October 5, Castillo’s process server served Hotties with substitute service in Garden Grove.

On December 18, 2023, default was entered against Hotties. On February 13, 2024, Castillo submitted the present application for default judgment.

An OSC Re: Default Judgment is set for March 11, 2024.

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

Castillo seeks default judgment against Hotties in the total amount of $9,074, including $8,000 in damages ($4,000 in statutory damages and $4,000 in deterrence damages), $570 in attorney fees, and $504 in costs. Because the court finds Castillo has submitted sufficient evidence, the court GRANTS Castillo’s application for default judgment.  

As to the court’s analysis regarding the award of deterrence damages, Castillo alleges that Castillo was deterred from visiting Hotties’s physical store location in Chino Hills after encountering website accessibility barriers on October 2, 2022. (Castillo Decl., ¶ 3, 6.) Castillo stated Castillo faced the same barriers when Castillo attempted to place an order on September 15, 2023. (Castillo Decl., ¶ 5-6.) Because Castillo claimed one instance of deterrence in October 2022 and one instance of encountering barriers in September 2023, the court finds Castillo  adequately established grounds for deterrence damages in the requested amount of $4,000.

CONCLUSION

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