Judge: Thomas D. Long, Case: 23STCV24686, Date: 2024-09-12 Tentative Ruling

Case Number: 23STCV24686    Hearing Date: September 12, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On October 10, 2023, Plaintiff Anthony Bouyer filed this action against Defendant 4051 Ardmore LLC.  The Court entered default against Defendant on May 24, 2024, and Plaintiff filed this request for entry of default judgment.

Plaintiff seeks a judgment of $10,074.00, consisting of $8,000.00 in damages, $1,504.00 in costs, and $570.00 in attorney fees.

Counsel calculated the attorney fees based on Local Rule 3.214.  (Manning Decl. ¶¶ 11.)  The amount of costs is also reasonable, and according to the memorandum of costs, they are allowable.

“‘Plaintiffs in a default judgment proceeding must prove they are entitled to the damages claimed.’ [Citation].”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 288.)  “[T]he plaintiff must affirmatively establish his entitlement to the specific judgment requested.”  (Id. at p. 287.)

Under the Unruh Civil Rights Act, business establishments must provide people with disabilities with equal access to their accommodations, advantages, facilities, privileges, and services.  (Civ. Code, § 51.)  Whoever violates the Act is liable for each and every offense for up to three times actual damages, but no less than $4,000.00.  (Civ. Code, § 52, subd. (a).)

The $8,000.00 in damages are based on two Unruh violations: one for Plaintiff’s actual visit and one for Plaintiff being generally deterred from making future visits.  At Plaintiff’s September 27, 2023 visit to Defendant’s business, Plaintiff encountered barriers for people with disabilities that affected his full and equal enjoyment of the business.  (Bouyer Decl. ¶¶ 3-6.)  “Due to the lack of accessibility, [he has] been deterred from further attempting to visit the business located at the Property.”  (Bouyer Decl. ¶ 8.)

“A plaintiff is denied full and equal access only if the plaintiff personally encountered the violation on a particular occasion, or the plaintiff was deterred from accessing a place of public accommodation on a particular occasion.”  (Civ. Code, § 55.56, subd. (b).)  Plaintiff details only one “particular occasion” when he encountered the violation.  He does not explain any other particular occasions of deterrence.  (See Johnson v. Guedoir (E.D. Cal. 2016) 218 F.Supp.3d 1096, 1100-1101 [plaintiff entitled to statutory damages for two particular occasions when he provided two specific dates of when he personally encountered barriers, causing him to leave and be deterred].)

The submitted evidence supports damages of $4,000.00, costs of $1,504.00, and attorney fees recalculated under Local Rule 3.214.  Plaintiff may file an amended request for entry of default judgment.

The request for entry of default judgment filed on May 24, 2024 is DENIED WITHOUT PREJUDICE.

An Order to Show Cause Re: Entry of Default Judgment is scheduled for March 14, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 12th day of September 2024