Judge: Salvatore Sirna, Case: 24PSCV02427, Date: 2024-12-03 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: 24PSCV02427    Hearing Date: December 3, 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 $5,817.49.

BACKGROUND

This is a disability rights action. Plaintiff Orlando Garcia is physically disabled and relies on mobility devices such as wheelchairs to ambulate. Defendant Blue Wave Partners LLC (Blue Wave), allegedly owns a property in La Puente upon which Defendant Laundroline LLC (Laundroline) operates a laundromat. In September 2023, Garcia visited the laundromat for the purpose of utilizing its services and conducting disability access testing. Garcia alleges the following barriers to access existed, including noncompliant door hardware, work surfaces that were too high, coin and soap dispensers that were too high, and a sink that was too high.

On July 23, 2024, Garcia filed a complaint against Blue Wave, Laundroline, 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 6, 2024, Garica’s process server personally served Laundroline in Glendale and served Blue Wave with substitute service in Chino Hills.

On September 24, 2024, the court entered default against Blue Wave and Laundroline after they failed to file a timely answer.

On November 27, 2024, Garica filed the present application for default judgment. A case management conference is set for December 3, 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 Blue Wave and Laundroline in the total amount of $8,012.49, including $4,000.00 in damages, $2,325.00 in attorney fees, and $1,687.49 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 the court award $2,325.00 in attorney fees, the court finds this amount excessive and unreasonable considering the default nature of the present action. Instead, the court awards reasonable attorney fees pursuant to Local Rule 3.214 in the amount of $330.

Second, Garcia requests $1,687.49 in costs for $462.27 in clerk filing fees, $1,025.22 in process server fees, and $200 in unspecified costs. Because $200 in requested costs are unspecified, the court declines to award this amount and reduces the awarded costs to $1,487.49.

Accordingly, the total judgment award is reduced to $5,817.49.

CONCLUSION

Based on the foregoing, Garcia’s application for default judgment is GRANTED in the reduced amount of $5,817.49.