The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
FINDINGS AND RECOMMENDATIONS
Plaintiff's motion for default judgment against Defendant Robert Rodriguez, filed February 2, 2011, was submitted without a hearing. Defendant filed no opposition. Upon review of the motion and supporting documents, and good cause appearing, the court issues the following findings and recommendations.
On September 29, 2010, plaintiff filed the underlying complaint in this action against defendant Robert Rodriguez,*fn1 owner of the property at issue, located at 237 Placerville Drive, Placerville, California. See Complaint, at pp. 2-3; Ex. B to Complaint. Plaintiff alleges he initially visited Sierra Home Alternatives, the business at this location, on February 2, 2010, but encountered architectural barriers in the form of thelack of "correct number and type of properly configured disabled parking space(s), including the lack of a van accessible disabled parking space, accessible route, accessible entrance, accessibility signage, and striping." (Complaint, at p. 3-4.) He asserts that these defects constitute violations of the Americans With Disabilities Act and state law. Plaintiff alleges a total of two separate visits to the subject premises. (Id. at 4.) The summons and complaint were served by leaving them with a person of suitable age and discretion at defendant's residence on November 8, 2010. Fed. R. Civ. P. 4(e)(2); Cal. Code Civ. Proc. § 415.20(a). Pacific Atlantic Trading Co. v. M/V Main Express, 758 F.2d 1325, 1331 (9th Cir. 1985) (default judgment void without personal jurisdiction). Defendant Rodriguez has failed to file an answer or otherwise defend in this action. On December 14, 2010, the clerk entered default against defendant Robert Rodriguez.
The instant motion for default judgment and supporting papers were served on defendant. Plaintiff seeks an entry of default judgment in the amount of $8,000 pursuant to California Civil Code section 52(a) as well as injunctive relief.*fn2
Entry of default effects an admission of all well-pleaded allegations of the complaint by the defaulted party. Geddes v. United Financial Group, 559 F.2d 557 (9th Cir. 1977). The court finds the well pleaded allegations of the complaint state a claim for which relief can be granted. Anderson v. Air West, 542 F.2d 1090, 1093 (9th Cir. 1976). The memorandum of points and authorities and affidavits filed in support of the motion for entry of default judgment also support the finding that plaintiff is entitled to the relief requested. There are no policy considerations which preclude the entry of default judgment of the type requested.
In view of the foregoing findings, it is the recommendation of this court that:
1. Plaintiffs' motion for entry of default judgment be GRANTED as to Robert Rodriguez in the amount of$8,000; and
2. Injunctive relief be granted against defendant Robert Rodriguez requiring a properly configured correct number and type of properly configured disabled parking space(s) including a van accessible disabled parking space, accessible route, accessible entrance, accessibility signage, and striping, in conformity with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) as set forth in 28 Code of Federal Regulations, Part 36.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within seven days after service of the objections. The parties are advised that failure to ...