Judge: Salvatore Sirna, Case: 24PSCV03164, Date: 2025-05-28 Tentative Ruling

Case Number: 24PSCV03164    Hearing Date: May 28, 2025    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 Byrds, LLC (Byrds) is a California corporation that operates a commercial website available to the public.

On August 16, 2024, Castillo visited Byrd’s website 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) the website contained an inaccessible video; and (4) the functions for creating an account and booking a birthday party reservation were inaccessible.

On September 23, 2024, Castillo filed a complaint for damages and injunctive relief against My Lil Town and Does 1-10, alleging violations of the Unruh Civil Rights Act (UCRA). On October 19, 2024, Castillo’s process server personally served Byrds in Simi Valley, CA.

Byrds failed to file timely a responsive pleading and default was entered by the court on March 19, 2025.

On May 20, 2025, Castillo submitted the present application for default judgment.

An OSC Re: Default Judgment is set for May 28, 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

Castillo seeks default judgment against Byrds in the total amount of $9,089.00, including $4,000.00 in statutory damages, $4,000.00 is deterrence damages, $570.00 in attorney fees, and $519.00 in costs. Because the court finds Castillo has submitted sufficient evidence, the court GRANTS Castillo’s application for default judgment, but declines to award $4,000.00 in deterrence damages.

Here, Castillo alleges Castillo faced barriers when Castillo visited Defendant’s website on August 16, 2024, but was unable to order foodas a result.  Plaintiff claims she intend to pick up the food at Defendant’s brick and mortar location in Anaheim, CA. Further, Castillo makes the general and conclusory allegation that Castillo has been deterred from Defendant’s physical storefront because she could not book the birthday party, but failed to allege a specific instances of deterrence, or any specificity as to web pages which were inaccessible. (Complaint, ¶¶ 39 and 40.) Thus, the Court declines to award $4,000 in deterrence damages, but instead reduces the requested amount to $2,000.

Accordingly, default judgment is entered in the total amount of $7,089.00.

CONCLUSION

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