Sepulveda

I. BACKGROUND

17 Plaintiff filed the complaint on January 20, 2020 against Ole’s Waffle Shop (“Ole’s”), a 18 business in Alameda, California, and the Dureins, the owners of the building in which Ole’s 19 operates. Plaintiff, who is an individual with a disability, alleges he visited Ole’s on September 20 25, 2019, October 29, 2019, and December 7, 2019 and encountered numerous access barriers. 21 In February 2020, Plaintiff filed proof of service purporting to show substituted service of 22 the summons and complaint on Ole’s; his process server states he left copies of the summons and 23 complaint with a “person in charge” at the business, “Allisa King, employee,” and mailed copies 24 of the same to the business. Plaintiff also filed a proof of service which demonstrates personal 25 service of the summons and complaint on Douglas Durein and Susan Durein. [Docket Nos. 7, 8.] 26 27 Defendants failed to respond and the clerk entered Defendants’ default on May 5, 2020. [Docket No. 10.] Plaintiff subsequently moved for default judgment and noticed the motion for a hearing on July 23, 2020. [Docket No. 11.] On June 17, 2020, Defendants appeared and filed a timely 4…