Garcia v. A5 Hospitality LLC

CourtDistrict Court, E.D. California
DecidedAugust 11, 2023
Docket2:20-cv-02164
StatusUnknown

This text of Garcia v. A5 Hospitality LLC (Garcia v. A5 Hospitality LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. A5 Hospitality LLC, (E.D. Cal. 2023).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ORLANDO GARCIA, No. 2:20–cv–02164–DJC–KJN 12 Plaintiff, ORDER 13 v. 14 A5 HOSPITALITY LLC, 15 Defendant. 16 17 Presently pending before the court is plaintiff Orlando Garcia’s motion for default 18 judgment against defendant A5 Hospitality, LLC, which is the only named defendant in this 19 action.1 (ECF No. 17.) After defendant failed to file an opposition to the motion in accordance 20 with Local Rule 230(c), the motion was submitted on the record and written briefing pursuant to 21 Local Rule 230(g). (ECF No. 20.) 22 For the reasons discussed below, the court DENIES plaintiff’s motion for default 23 judgment. 24 /// 25 /// 26 /// 27 1 This motion is referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of 28 Civil Procedure 72, and Local Rule 302(c)(19). 1 I. Background 2 Plaintiff initiated this action on October 28, 2020, alleging violations of the Americans 3 with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. (“ADA”) and California’s Unruh Civil 4 Rights Act, Cal. Civ. Code §§ 51 et seq. (See generally ECF No. 1.) Plaintiff, who suffers from 5 cerebral palsy, can use only one arm and has limited mobility, relying on either a wheelchair, 6 walker, or cane. (Id. at ¶ 1.) Defendant owns and operates the Comfort Inn & Suites Rancho 7 Cordova-Sacramento Hotel, located at 12249 Folsom Blvd., in Rancho Cordova, California. (Id. 8 at ¶ 2.) 9 Plaintiff alleges that on October 19, 2020, he visited defendant’s hotel website in order to 10 make a hotel reservation for a trip to the Sacramento-area in January 2021. (Id. at ¶¶ 12-13, 15.) 11 Upon visiting the website, plaintiff found it was missing information that he needed to determine 12 whether the hotel met his specifications, and as a result, plaintiff was unable to make a 13 reservation and was deterred from patronizing the hotel. (Id. at ¶¶ 16-19). Specifically, the 14 website did not inform patrons whether the bedroom had clear floor space, if the toilet and sink 15 are accessible, if the table/desk is accessible, or if the common areas are accessible. (Id. at ¶ 16.) 16 The website did state that the hotel was accessible, indicated the number and type of beds (one 17 king bed), informed of the bathing facilities (bathroom with handrails) and accessibility 18 (wheelchair accessible). (Id.) Plaintiff does not allege that he was unable to obtain this 19 information by contacting the hotel. 20 Plaintiff’s motion for default judgment seeks injunctive relief and statutory damages 21 pursuant to California’s Unruh Civil Rights Act; and attorneys’ fees and costs pursuant to the 22 ADA and California’s Unruh Civil Rights Act. (Id.) 23 Defendant was served process on December 4, 2020, and plaintiff filed the proof of 24 service on January 25, 2021. (ECF No. 4). On March 8, 2021, the clerk’s office entered default 25 against defendant. (ECF No. 10.) The instant motion was filed in April 2022. (ECF No. 17.) 26 //// 27 //// 28 //// 1 II. Legal Standard 2 Under Federal Rule of Civil Procedure 55, default may be entered against a party against 3 whom a judgment for affirmative relief is sought who fails to plead or otherwise defend against 4 the action. See Fed. R. Civ. P. 55(a). However, “[a] defendant’s default does not automatically 5 entitle the plaintiff to a court-ordered judgment.” PepsiCo, Inc. v. Cal. Sec. Cans, 238 F. Supp. 6 2d 1172, 1174 (C.D. Cal. 2002) (citing Draper v. Coombs, 792 F.2d 915, 924-25 (9th Cir. 1986)). 7 Instead, the decision to grant or deny an application for default judgment lies within the district 8 court’s sound discretion. Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980). In making this 9 determination, the court considers the following factors: 10 (1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff’s substantive claim, (3) the sufficiency of the complaint, (4) 11 the sum of money at stake in the action[,] (5) the possibility of a dispute concerning material facts[,] (6) whether the default was due 12 to excusable neglect, and (7) the strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits. 13 14 Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Default judgments are ordinarily 15 disfavored. Id. at 1472. 16 As a general rule, once default is entered, well-pleaded factual allegations in the operative 17 complaint are taken as true, except for those allegations relating to damages. TeleVideo Sys., Inc. 18 v.Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987) (per curiam) (citing Geddes v. United Fin. 19 Group, 559 F.2d 557, 560 (9th Cir. 1977) (per curiam)); accord Fair Housing of Marin v. Combs, 20 285 F.3d 899, 906 (9th Cir. 2002). In addition, although well-pleaded allegations in the 21 complaint are admitted by a defendant’s failure to respond, “necessary facts not contained in the 22 pleadings, and claims which are legally insufficient, are not established by default.” Cripps v. 23 Life Ins. Co. of N. Am., 980 F.2d 1261, 1267 (9th Cir. 1992) (citing Danning v. Lavine, 572 F.2d 24 1386, 1388 (9th Cir. 1978)); accord DIRECTV, Inc. v. Hoa Huynh, 503 F.3d 847, 854 (9th Cir. 25 2007) (stating that a defendant does not admit facts that are not well-pled or conclusions of law); 26 Abney v. Alameida, 334 F. Supp. 2d 1221, 1235 (S.D. Cal. 2004) (“[A] default judgment may not 27 be entered on a legally insufficient claim”). A party’s default does not establish the amount of 28 damages. Geddes, 559 F.2d at 560. 1 III. Discussion 2 A. Appropriateness of the Entry of Default Judgment Under the Eitel Factors 3 Factor One: Possibility of Prejudice to Plaintiff 4 The first Eitel factor considers whether the plaintiff would suffer prejudice if default 5 judgment is not entered, and such potential prejudice to the plaintiff militates in favor of granting 6 a default judgment. See PepsiCo, Inc., 238 F. Supp. 2d at 1177. Here, plaintiff would potentially 7 face prejudice if the court did not enter a default judgment. Absent entry of a default judgment, 8 plaintiff would be without another recourse against defendant. Accordingly, the first Eitel factor 9 favors the entry of a default judgment. 10 Factors Two and Three: Merits and Sufficiency of Complaint 11 The court considers the merits of plaintiff’s substantive claims and the sufficiency of the 12 complaint together below because of the relatedness of the two inquiries. The court must 13 consider whether the allegations in the complaint are sufficient to state a claim that supports the 14 relief sought. See Danning, 572 F.2d at 1388; PepsiCo, Inc., 238 F. Supp. 2d at 1175.

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Garcia v. A5 Hospitality LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-a5-hospitality-llc-caed-2023.