Judge: William A. Crowfoot, Case: 22AHCV00238, Date: 2023-02-08 Tentative Ruling

Case Number: 22AHCV00238    Hearing Date: February 8, 2023    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

I.            INTRODUCTION

On April 26, 2022, plaintiff Perla Mageno (“Plaintiff”) filed this action against defendant Dan Santa Monica, LLC (“Defendant”).  Plaintiff asserts a cause of action for violation of the Unruh Civil Rights Act.

On June 31, 2022, the Court’s Clerk entered default against Defendant.

Plaintiff now seeks a default judgment against Defendant for $9,078, representing, $8,000 in damages, $504 in costs, and $570 in attorney’s fees.

II.          LEGAL STANDARD

CCP §585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served.  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.  (CRC Rule 3.1800.) 

III.        DISCUSSION

“Whoever denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6, is liable for each and every offense for the actual damages, and any amount that may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than four thousand dollars ($4,000), and any attorney’s fees that may be determined by the court in addition thereto, suffered by any person denied the rights provided in Section 51, 51.5, or 51.6.” (Civ. Code § 52(a).

“[W]here a plaintiff can prove that violations of applicable California disability access standards deterred her on a particular occasion from attempting to attend a place of public accommodation, that plaintiff states a claim for relief under California Civil Code § 54.1 and § 51 and, in particular, for damages, under § 54.3 and § 52.” (Arnold v. United Artists Theatre Circuit, Inc. (N.D. Cal. 1994) 866 F.Supp. 433, 439)

Plaintiff has provided evidence that he is visually impaired and legally blind, and that when he tried accessing Defendant’s website (www.danmodernchinese.com) (the “Website”) in August 2022, he encountered significant barriers that prevented him from learning about the goods and services provided by Defendant, and prevented him using the Website.  (Mageno Decl., ¶¶ 3-5.)  The information he required from the Website was unavailable to him in the same manner as individuals who are not blind or visually impaired.  (Id. at ¶ 5.)  Plaintiff is now deterred from returning to the Website and from visiting Defendant’s brick-and-mortar- location.  (Id. at ¶ 12.)  Furthermore, this experience caused him to experience difficulty, discomfort, embarrassment, distress, discouragement, and frustration.  (Id.)

Plaintiff has provided sufficient evidence that he is entitled to $4,000 in damages under Civil Code section 52(a), and $4,000 for being deterred from visiting the Website and Defendant’s brick-and-mortar locations.

As stated, above Plaintiff may seek attorney’s fees under Civil Code section 52(a), and Plaintiff’s request for $570 is proper because it is in accordance with Local Rule 3.214.

Plaintiff has also filed a memorandum of costs supporting the $504 sought in costs.

Thus, Plaintiff’s Request for Default Judgment in the amount of $9,074 is GRANTED.

IV.         CONCLUSION

Thus, Plaintiff’s Request for Default Judgment in the amount of $9,074 is GRANTED.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at alhdept3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.