holding that a default judgment may be entered as a sanction if the party has demonstrated “willfulness, bad faith, or fault”
How later courts described this case
- holding that a default judgment may be entered as a sanction if the party has demonstrated “willfulness, bad faith, or fault”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. 8:25-cv-00422-KES Date: September 3, 2025
Title: MARQUISE BAILEY v. SANTA FE EXPRESS HAND CAR WASH, INC., et al.
PRESENT:
THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE
Jazmin Dorado Not Present
Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR
PLAINTIFF: DEFENDANTS:
None Present None Present
PROCEEDINGS (IN CHAMBERS): Order to Show Cause Why Defendants
Should Not Be Sanctioned
I. BACKGROUND
On March 5, 2025, Marquise Bailey (“Plaintiff”) filed a Complaint bringing claims under
the Americans with Disabilities Act (“ADA”) against the Santa Fe Express Hand Car Wash, Inc.
and Do Joon Lee “as trustee of the Do Joon Lee and Rie Ja Lee Revocable Living Trust” (“the
Trust”). (Dkt. 1 at 1-2.) The Trust has answered the Complaint. (Dkt. 14.) The Lees are
representing the Trust pro se, based upon the representation that they are its sole beneficial
owners. (Dkt. 15, 18); see generally Becker v. Wells Fargo Bank, NA, Inc., No. 10- cv-2799,
2012 WL 6005759, at *4, 2012 U.S. Dist. LEXIS 170729, at *10 (E.D. Cal. Nov. 30, 2012).
On June 23, the Court entered an order setting a telephonic scheduling conference with
the Court and the parties for August 22. (Dkt. 20.) The order also stated:
On or before August 1, 2025, the parties shall meet and discuss the issues
described below. On or before August 8, 2025, the parties shall file a joint Rule
26(f) Report. The Rule 26(f) Report shall be drafted by Plaintiff (unless the
parties agree otherwise), but shall be submitted and signed jointly.
(Id. at 3.) On August 8, Defendant filed a unilateral Rule 26(f) report, which stated:
Plaintiff and Defendant have not completed the conference due to Defendant’s
CIVIL MINUTES – GENERAL
Case No. 8:25-cv-00422-KES Date: September 3, 2025
Page 2
lack of availability and responsiveness to Plaintiff’s multiple attempts, through
different methods, to attempt to get in contact with Defendant. Plaintiff attempted
to call Defendant by phone with the phone number (714-236-5107) provided by
Defendant in Defendant’s pleading. However, no one has picked up Plaintiff’s
phone call…. On August 1, 2025, Plaintiff also sent out a physical letter
containing an urgent plea to reach out to Plaintiff for fulfilling the meet and
confer obligation to Defendant’s address by USPS regular mail; however,
Defendant has not responded by phone, letter, or email as of this date.
(Id. at 2.)
On August 22, the Court held the Scheduling Conference. Plaintiff’s counsel appeared
by telephone, and Defendants did not appear.
II. LEGAL STANDARDS
The parties in this case are required to follow the Federal Rules of Civil Procedure and
the Local Civil Rules of the Central District of California.1
Federal Rule of Civil Procedure 26(f) requires the parties to meet and prepare a joint
report to the Court about scheduling and proposing a discovery plan. Under the Local Civil
Rules, the parties must also state which type of Alternative Dispute Resolution (“ADR”)
procedure they would like to participate in. See Local Rule 26-1(c). Parties in all cases must
participate in at least one of three types of ADR:
ADR PROCEDURE NO. 1 - The parties shall appear before the district judge or
magistrate judge assigned to the case for such settlement proceedings as the judge
may conduct or direct.
ADR PROCEDURE NO. 2 - The parties shall appear before a neutral selected
from the Court’s Mediation Panel.
ADR PROCEDURE NO. 3 - The parties shall participate in a private dispute
resolution proceeding.
See Local Rule 16-15.4.
“If a party or its attorney fails to participate in good faith in developing and submitting a
proposed discovery plan as required by Rule 26(f), the court may, after giving an opportunity to
be heard, require that party or attorney to pay to any other party the reasonable expenses,
1 The Federal Rules of Civil Procedure are available at:
https://www.federalrulesofcivilprocedure.org/frcp/, and the Local Civil Rules are available at:
https://www.cacd.uscourts.gov/court-procedures/local-rules.
CIVIL MINUTES – GENERAL
Case No. 8:25-cv-00422-KES Date: September 3, 2025
Page 3
including attorney’s fees, caused by the failure.” Fed. R. Civ. P. 37(f).
Additionally, if a defendant fails to comply with any of the Federal Rules of Civil
Procedure without a good reason, the Court may also enter a default judgment against the
defendant. See Local Rule 83-2.2.4; Jorgensen v. Cassiday, 320 F.3d 906, 912 (9th Cir. 2003)
(holding that a default judgment may be entered as a sanction if the party has demonstrated
“willfulness, bad faith, or fault”). If a default judgment is entered, this generally means that the
defendant is automatically liable for any relief that the plaintiff asked for in the complaint,
including monetary damages. In an ADA case like this one, a default judgment could require the
defendants to make expensive changes to their property and pay the plaintiff’s attorney’s fees.
III. CONCLUSION
IT IS HEREBY ORDERED that, on or before October 3, 2025, Mr. and Mrs. Lee shall
file a status report that:
(a) Explains why they failed to call in to the Scheduling Conference and respond to
Plaintiff’s counsel’s phone calls and letters about the required Rule 26(f) report;
(b) States which of the three ADR procedures discussed above they would prefer to
participate in; and
(c) States an email address where the Court and defense counsel can contact them (if
they have access to an email address).
If Mr. and Mrs. Lee fail to respond to this order, or if their response fails to
adequately explain why they violated the rules, the Court may enter sanctions against
them, including monetary damages and/or a default judgment against their trust.
The final page of this order lists the contact information for the Court’s pro se clinics,
where Mr. and Mrs. Lee can find free attorneys to assist them in understanding and following the
requirements of this order.
The Orange County Bar Association also has Lawyer Referral and Information Service to
assist parties in finding paid attorneys. More information is available by calling (949) 440-6747
or (877) 257-4762, or by visiting: http://lrisoc.org/.
Initials of Deputy Clerk jd
CIVIL MINUTES – GENERAL
Case No. 8:25-cv-00422-KES Date: September 3, 2025
Page 4
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