Nehemiah Kong v. Image of Beverly Hills, LLC

I. INTRODUCTION

18 Plaintiff Nehemiah Kong (“Kong”) moves for entry of default judgment against 19 Defendant Image of Beverly Hills, LLC (“Image”) for violations of Title III of the 20 Americans with Disability Act (“ADA”). (See Mot. for Default J. (“Mot.”), ECF 21 No. 20.) For the reasons discussed below, the Court DENIES Kong’s Motion for 22 Default Judgment (“Motion”).1

II. BACKGROUND

24 Kong is a paraplegic who uses a wheelchair for mobility; he has a specially 25 equipped van with a ramp. (Compl. ¶ 1, ECF No. 1.) Kong alleges that Image owns 26 27 28 1 After carefully considering the papers filed in connection with the Motion, the Court deemed the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal. L.R. 7-15. 1 the real property located at or about 10930 Long Beach Blvd., Lynwood, California. 2 (Id. ¶¶ 2–3.) He alleges that, in February 2020, he went to a shopping center (“Shopping 3 Center”) where wheelchair accessible parking was not provided. (Id. ¶¶ 8, 10.) 4 Specifically, Kong contends that the van accessible parking stall and access aisle were 5 not level with each other because of a built-up curb ramp, the paint…