Garcia v. Chew Lun Benevolent Association

Nature of the document

This document is a notice of questions for a scheduled hearing, not a decision granting or denying Orlando Garcia’s motion for default judgment. The court stated that the hearing would occur on January 24, 2022, and directed the parties and their attorneys to be prepared to address the listed questions. The court also stated that it would not accept written answers.

Questions about residence and geographic connection

The court focused first on statements Garcia made in his motion and declaration. The motion said that he “lives is [sic] in this geographical area on a constant and on-going basis,” while the declaration said that he was “in this area on a regular and ongoing basis.” The court asked where Garcia lives, what “this geographical area” referred to, whether he lives in the area or only visits it, and, if he only visits, how often he does so.

Questions about the requested accommodation

The court also referred to the burden-shifting approach adopted by the United States Court of Appeals for the Ninth Circuit. Under the standard quoted in the notice, a plaintiff initially must plausibly show that a proposal for removing a barrier is readily achievable. The court stated that Garcia discussed the legal standard in his motion but did not discuss the facts, identify the accommodation he requested, or show that the accommodation’s cost would not exceed its benefits under the circumstances. The court therefore asked what accommodation Garcia requested and whether it was readily achievable.

Effect of the order

The notice did not resolve the default-judgment motion or make findings about Garcia’s residence, the geographic area, the requested accommodation, or whether the accommodation was readily achievable. It required preparation for the hearing. The document is signed by Sallie Kim, United States Magistrate Judge.