REQUEST FOR ENTRY OF DEFAULT JUDGMENT
DEPARTMENT 205 LAW AND MOTION RULINGS
JUDGE/DEPT: Moreton / Beverly Hills, 205 CASE NAME: Shonna Counter v. Dolphin Property L LC CASE NUMBER: 2 4 SMCV0 5147 COMP. FILED: October 21, 2024 PROCEEDINGS: REQUEST FOR ENTRY OF DEFAULT JUDGMENT MOVING PARTY: Shonna Counter RESP ONDING PARTY: Dolphin Property LLC
BACKGROUND
This case arises from alleged violations of the Unruh Civil Rights Act (the “Unruh Act”) and the Americans with Disability Act (“ADA”) . Plaintiff Shonna Counter is a disabled individual. Plaintiff has Spinal Muscular Atrophy, a rare, recessive, progressive, degenerative neuromuscular disorder. This condition limits her ability to walk, and as a result, s he uses a powered wheelchair for mobility. Plaintiff was a patron of a café called Kiff Kafe, located at 12229 W. Pico Blvd., Los Angeles, CA 90064 (the “Property”) . Defendant Dolphin Properties, LLC is the owner of the P roperty.
Plaintiff went to the Café five times: July 26, 2023, August 17, 2023, March 15, 2024, April 20, 2024, and July 10, 2024. On each of her visits, she claims she encountered access barriers. The front entrance to the Café was not accessible to Plaintiff as it did not have a lift or ramp. The handicap accessible entrance was located in the rear, and required Plaintiff to travel through a parking lot that had potholes and cracks. This route had multiple changes in elevation, and the path was not stable, firm, or slip resistant. Moreover, even if the route had been navigable as constructed, the Café routinely obstructed the path to the entrance with items such as outdoor grills, planters, and parked cars.
Plaintiff filed suit against Defendants Dolphin Properties, LLC, and Kiff Kafe, LLC, as the property and business owners of the subject Café. The complaint alleged violations of Plaintiff’s civil rights under the ADA and UCRA. Kiff Kafe failed to answer and was defaulted in January 2025. Defendant Dolphin Properties, LLC, was served via the Secretary of State on February 25, 2025, and served its answer on March 10, 2025. However, Dolphin failed to appear at a case management conference and a status conference, and as a result, the Court struck Dolphin’s answer and entered default. Plaintiff has now moved for entry of default judgment.
RELIEF REQUESTED
Plaintiff requests default judgment against Dolphin for a total of $ 34,593.74, which is comprised of: (1) $ 8,000 in statutory damages, (2) $ 23,755 in attorneys’ fees, and (3) $ 2,838.74 for costs.
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ANALYSIS
Code of Civil Procedure section 585 sets forth the two options for obtaining a default judgment. First, where the plaintiff’ s complaint¿seeks compensatory damages only, in a sum certain which is readily ascertainable from the allegations of the complaint or statement of damages, the clerk may enter the default judgment for that amount.
However, if the relief requested in the complaint is more complicated, consisting of either nonmonetary relief, or monetary relief in amounts which require either an accounting, additional evidence, or the exercise of judgment to ascertain, the plaintiff must request entry of judgment by the court. In such cases, the plaintiff must affirmatively establish his entitlement to the specific judgment requested.¿ (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 287.) Section 585 also allows for interest, costs and attorney fees, where otherwise allowed by law. (Code of Civ. Proc. section 585(a).)
Multiple specific documents are required, such as: (1) form CIV 100, (2) a brief summary of the case; (3) declarations or other admissible evidence in support of the judgment requested; (4) interest computations as necessary; (5) a memorandum of costs and disbursements; (6) a proposed form of judgment; (7) 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; (8) exhibits as necessary; and (9) a request for attorneys’ fees if allowed by statute or by the agreement of the parties. (CRC Rule 3.1800.)
Here, Plaintiff served Dolphin more than 30 days prior to requesting entry of default and default judgment, correctly completed JC Form CIV-10 0 in a manner that would not void or put at issue the entry of default, provided a declaration of non-military status, dismissed all fictitious defendants, requested damages in amounts supported by the filings and not in excess of the amount stated in the Complaint, and filed a proposed judgment (JUD-100). Plaintiff has also filed a verified memorandum of costs in the amount of $ 2,838.74 as set forth in Item 7 of the CIV-10 0 form.
The only substantive issue for purposes of this hearing is the amount of attorneys’ fees to be awarded. In calculating the amount of attorneys’ fees, the Court uses the lodestar method which multiplies a reasonable hourly rate by reasonable time spent. The hourly rates charged by Plaintiff’s counsel have been found reasonable by other courts, including this Court. (See Plaintiff’s Ex. 7.)
However, there is no adequate explanation as to the amount of time spent. There are 5 attorneys and 3 paralegals who worked on the case. Three of the attorneys are partners who billed at hourly rates of $700-$750. The other two associates bill ed at rates of $450-$500 per hour. There is no reason why such a simple case requires this type of over staffing, particularly with three partners billing at or above $700. In total, counsel spent 30.1 hours, and the paralegals spent 18.8 hours.
But this case was not heavily litigated. Plaintiff filed a complaint and a demurrer to the answer. There were no other motions, including motions for summary judgment. There does not appear to have been any discovery. And there were two status conferences. Given that Plaintiff’s attorneys routinely file these types of actions, and have done so on behalf of Plaintiff herself, the Court does not believe that 48.9 hours is reasonable to prepare a complaint, conduct an investigation and prepare the default package. Accordingly, the Court will award 20 hours of attorney time at a blended hourly rate of $600, and 8 hours of paralegal time at the rate of $200.
CONCLUSION AND ORDER
For the foregoing reasons, Plaintiff “s Request for Default Judgment is GRANTED IN PART and DENIED IN PART. Default judgment in the amount of $ 24,438.74 is awarded in favor of Plaintiff.
Case Number: 24SMCV04693 Hearing Date: May 18, 2026 Dept: 205 Superior Court of California County of Los Angeles? West District Beverly Hills Courthouse / Department 20 5 rosa yolanda mejia, Plaintiff, v. WESTFIELD, LLC, et al., Defendant s. Case No.: 2 4 SM CV0 4693