Love

INTRODUCTION

18 In this ADA action, plaintiff moves for default judgment. For the reasons stated below 19 the motion is GRANTED.

STATEMENT

21 Plaintiff Samuel Love is a paraplegic with limited ability to walk. He uses a wheelchair 22 for mobility. Plaintiff visited Shirtique, a retail store located at 1 Southland Mall, Hayward, 23 California, in December of 2019. Plaintiff alleges that he noticed that the store “failed to 24 provide [an] accessible sales counter in conformance with the ADA Standards.” Further 25 investigation confirmed this observation. Shirtique’s sales counter measures 49 inches in 26 height, a full thirteen inches higher than the 36-inch ADA standard for wheelchair accessibility 27 (Love Decl. at ¶¶ 2, 4; Wegman Decl. at ¶ 3). This suit followed. Plaintiff filed his original complaint and served his summons in January of 2020. By July, defendant had made no reply. Plaintiff requested and was granted an entry of default against defendant on July 30, 2020. In November, however, plaintiff discovered the correct owner of Shirtique: The Undefeated Apparel Incorporated. Plaintiff amended his complaint with leave and…