Judge: Salvatore Sirna, Case: 23PSCV02585, Date: 2024-06-26 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: 23PSCV02585    Hearing Date: June 26, 2024    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 $5,353.59.

BACKGROUND

This is a disability rights action. Plaintiff Orlando Garcia is physically disabled and relies on mobility devices such as wheelchairs to ambulate. Defendant Hideco Investment LLC (Hideco) allegedly owns a property in Covina upon which Defendant Country Liquor Market 2, Inc. (Country Liquor) operates a liquor store. In June 2023, Garcia visited Country Liquor for the purpose of making a purchase and conducting disability access testing. Garcia alleges the following barriers to access existed, including narrow paths of travel and non-compliant door hardware.

On August 23, 2023, Garcia filed a complaint against Hideco, Country Liquor, 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 September 5, 2023, Garica served Country Liquor with substitute service in Covina. On September 11, 2023, Garica served Hideco with substitute service in Long Beach.

On March 4, 2024, Garcia dismissed Hideco from the present action.

On April 16, 2024, the Court entered default against Country Liquor after they failed to file an answer. On June 26, 2024, Garcia submitted the present application for default judgment.

A case management conference is set for June 26, 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

Garcia seeks default judgment against Country Liquor in the total amount of $9,313.69, including $4,000 in damages, $4,490 in attorney fees, and $823.69 in costs. Because the Court finds Garcia has submitted sufficient evidence, the Court GRANTS Garcia’s application for default judgment with the following modifications.

First, while Garcia requests $4,490, 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 $330 pursuant to Local Rule 3.214. Second, while Garcia requests $823.69 in costs, the Court notes the actual sum of the costs requested is $1,023.59.

CONCLUSION

Based on the foregoing, Garcia’s application for default judgment is GRANTED in the reduced amount of $5,353.59 ($4,000 in damages + $330 in attorney’s fees + $1,023.50 in costs).  Plaintiff is ordered to submit a judgment consistent with this ruling.