Judge: Salvatore Sirna, Case: 23PSCV02200, Date: 2025-01-08 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: 23PSCV02200    Hearing Date: January 8, 2025    Dept: G

Plaintiff Orlando Garcia’s Application for Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Plaintiff Orlando Garcia’s Application for Default Judgment is GRANTED in the reduced amount of $7,947.37.

BACKGROUND

This is a disability rights action. Plaintiff Orlando Garcia is physically disabled and relies on mobility devices such as wheelchairs to ambulate. The Rascon Family Trust dated April 25, 2019 (Rascon Family Trust), allegedly owns a property in Baldwin Park upon which Defendant Jose Octaviano Duenas operates a restaurant. In April 2023, Garcia visited Duenas’s restaurant for the purpose of utilizing its services and conducting disability access testing. Garcia alleges the following barriers to access existed, including unlevel landing on the rear entrance ramp, noncompliant door hardware, and a noncompliant restroom.

On July 20, 2023, Garcia filed a complaint against Defendants Miguel Rascon, individually and as representative of the Rascon Family Trust; Nieves Rascon, individually and as representative of the Rascon Family Trust; Duenas; and Does 1-50, alleging (1) violation of the Unruh Civil Rights Act (UCRA) and (2) violation of the California Disabled Persons Act (DPA). On August 22, 2023, Garcia’s process server personally served the Rascons in Gardena. On August 24, 2024, Garcia’s process server personally served Duenas in Baldwin Park.

On September 27, 2023, Duenas filed an answer.

On September 28, 2023, the court entered default against the Rascons after they failed to file a timely answer.

On July 12, 2024, Garica filed the present application for default judgment. An OSC Re: Default Judgment as to the Rascon Defendants is set for January 8, 2025.

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

Garcia seeks default judgment against the Rascons in the total amount of $11,712.37, including $4,000.00 in damages, $6,765.00 in attorney fees, and $947.37 in costs. Because the court finds Garcia has submitted sufficient evidence, the court GRANTS Garcia’s application for default judgment with the following modification. 

While Garcia requests the court award $6,765.00 in attorney fees, the court finds this amount excessive and unreasonable considering the routine and default nature of the present action. Instead, the court awards reasonable attorney fees in the amount of $3,000.00 (10 hours at $300/hr) and reduces the total judgment awarded to $7,947.37.

CONCLUSION

Based on the foregoing, Garcia’s application for default judgment is GRANTED in the reduced amount of $7947.37.