Amber MacHowski v. 333 N. Placentia Property, LLC
Opinion
Opinion
BACKGROUND
Machowski is an individual with a disability who uses a wheelchair for mobility. Defendant 333 N. Placentia Property, LLC, is the owner of a property in Fullerton, California, on which a business establishment known as City Market Liquor II is located. The first amended complaint (“FAC”) alleges that when Machowski attempted to patronize the store, she encountered architectural barriers that prevented her from making full use and enjoyment of the premises. Machowski sued Defendant, asserting claims under the ADA, 42 U.S.C. § 12101 et seq., and the Unruh Civil Rights Act, Cal. Civ. Code §§ 51–53. The FAC sought injunctive relief, statutory damages under the Unruh Act, and reasonable attorney’s fees and costs.
After Defendant failed to respond to the complaint, Machowski applied for the entry of default judgment, seeking injunctive relief and statutory damages. Machowski’s application for default judgment did not seek an award of attorney’s fees. Instead, it advised the district court that “plaintiff will separately file a motion for her attorney fees and costs once this application is granted and judgment has been entered.”