Trujillo v. Taco Riendo Inc., et al.

Filing 30

ORDER ADOPTING 28 Findings and Recommendations; ORDER GRANTING IN PART 26 Motion for Default Judgment; plaintiff is awarded in total $6,164.83, signed by District Judge Jennifer L. Thurston on 07/29/2022. CASE CLOSED(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE TRUJILLO, 12 13 14 15 No. 1:21-cv-01446-JLT-SAB Plaintiff, v. TACO RIENDO, INC., et al., ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND GRANTING MOTION FOR DEFAULT JUDGMENT (Docs. 26, 28) Defendants. 16 17 This action proceeds on a first amended complaint, filed December 20, 2021, against 18 defendants Taco Riendo, Inc., Kewal Singh Basi as Trustee of the Basi Family Revocable Trust, 19 and Olga Basi as Trustee of the Basi Family Revocable Trust, alleging violations of the 20 Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq.; and California’s Unruh Civil 21 Rights Act, California Civil Code § 51, et seq. (Doc. 11.) 22 Plaintiff filed a motion for default judgment. (Doc. 26.) The assigned magistrate judge 23 24 issued findings and recommendations that Plaintiff’s motion for default judgment be granted. (Doc. 28.) The assigned magistrate judge also recommended reducing the requested attorneys’ 25 fees. (Id. at 25-32.) The findings and recommendations provided that any party could file 26 objections thereto within 14 days (Id. at 33) but none were. 27 According to 28 U.S.C. § 636 (b)(1)(C) and Local Rule 304, this Court has conducted a de 28 1 1 novo review of the case. Having carefully reviewed the entire file, the Court finds that the 2 findings and recommendations are supported by the record and proper analysis. Thus, 3 1. The findings and recommendations issued June 22, 2022 (Doc. 28) ADOPTED 4 IN FULL. 5 2. The motion for default judgment (Doc. 26) is GRANTED IN PART, with the 6 reduced fee award as recommended by the magistrate judge. 3. Plaintiff is awarded $4,000.00 in statutory damages, $1,185.00 in attorneys’ fees 7 8 and $979.83 in costs, for a total award of $6,164.83. 9 4. Plaintiff is granted an injunction requiring Defendants to provide disability access 10 to the property known as known as Taco Riendo, within six months of entry of the 11 order. The Defendants SHALL make the following modifications such that each 12 item is brought into compliance with the accessibility requirements of the 13 Americans with Disabilities Act and California Code of Regulations, Title 24: 14 a) Providing a properly configured and identified van-accessible parking stall 15 with adjacent access aisle; 16 b) Providing a properly configured accessible route from the accessible 17 parking stall(s) to the Facility entrance; 18 c) Providing a properly configured accessible Facility entrance, including 19 properly adjusting and maintaining the door pressure and closing speed, 20 providing proper level maneuvering clearances at the exterior landing, and 21 providing a properly configured threshold; 22 d) Providing a properly configured accessible table; and 23 e) Providing a properly configured accessible portion of the transaction 24 counter. 5. The Clerk of the Court is directed to enter judgment in Plaintiff’s favor and close 25 26 this case. 27 /// 28 /// 2 1 6. Plaintiff is directed to mail a copy of this order to Defendants at their last known 2 addresses. 3 4 5 IT IS SO ORDERED. Dated: July 29, 2022 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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