Judge: Thomas Falls, Case: 21PSCV00505, Date: 2022-08-16 Tentative Ruling

Case Number: 21PSCV00505    Hearing Date: August 16, 2022    Dept: R

Gabriela Cabrera v. Cost Plus Inc. (21PSCV00505)

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Plaintiff Gabriela Cabrera’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Gabriela Cabrera’s APPLICATION FOR DEFAULT JUDGMENT is DENIED without prejudice.

Background

This is an ADA case. Plaintiff Gabriela Cabrera alleges that she encountered multiple problems at Defendant’s store including “architectural barriers within the facility in the form of narrow merchandise aisles.” Therefore, she could not maneuver some of the store’s merchandise displays because “they failed to offer accessible routes and adequate maneuvering space for her wheelchair to travel.”

On June 17, 2021, Plaintiff filed suit against Defendant for ADA violations.

On September 13, 2021, default was entered against Defendant.

On April 25, 2022, Plaintiff filed the instant application.

Discussion

Plaintiff seeks default judgment against Defendant in the total amount of $4,000.

In support of her declaration that she could not access aisles, Plaintiff submits two photos. (Cabrera Decl., Ex. 2.) These photos do not appear to be aisles but rather display areas. The spaces, however, do have a path.

Therefore, to the extent that Plaintiff argues that this set-up amounts to architectural barriers to the mobility-impaired, Plaintiff has not provided an analysis of such (e.g., how wide the paths should be in comparison to the width of the display sections at the Cost-Plus store).

Conclusion

Based on the foregoing, the DENIES Plaintiff’s application without prejudice.