Al Cabrini v. Caspar Chou ( 2020 )

1 William C. Milks, III (SBN 114083) Email: bmilks@sbcglobal.net 2 LAW OFFICES OF WILLIAM C. MILKS, III 3 40 Main Street 4 Los Altos, CA 94022 Telephone: (650) 930-6780 5 Facsimile: (650) 949-0844 6 Attorney for Plaintiff AL CABRINI 7 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 WESTERN DIVISION 13 14 AL CABRINI, an individual, Case No. 2:20-cv-04518-SVW-AFM 15 16 Plaintiff, 17 18 vs. [PXRXOXPXOXSXEXD] ORDER re 19 APPLICATION FOR CLERK TO 20 CASPAR CHOU, an individual, ENTER DEFAULT JUDGMENT 21 and DOES 1-20, PURSUANT TO F.R.Civ.P. RULE 22 23 55(b)(1) AND LOCAL RULES L.R. 24 Defendants. 55-1 AND 55-3 AGAINST 25 DEFENDANT CASPAR CHOU 26 27 28 1 Having duly considered the APPLICATION FOR DEFAULT JUDGMENT 2 PURSUANT TO F.R.Civ.P. RULE 55(b)(1) AND LOCAL RULES L.R. 55-1 3 4 AND 55-3 AGAINST DEFENDANT CASPAR CHOU filed on July 9, 2020 by 5 Plaintiff AL CABRINI requesting the Clerk of this Court to enter a default 6 judgment against named Defendant CASPAR CHOU in the above-captioned 7 8 action, the Clerk hereby GRANTS DEFAULT JUDGMENT based on the record 9 in this case. 10 11 BACKGROUND 12 Plaintiff AL CABRINI (“Plaintiff”) is a resident of Florida. Plaintiff filed 13 his COMPLAINT (DOCUMENT 1) (“Plaintiff’s COMPLAINT”) against 14 15 Defendant CASPAR CHOU, who is a resident of California, on May 19, 2020 16 based on 28 U.S.C. § 1332(a)(1) diversity jurisdiction and 28 U.S.C. § 1367 17 18 conferring jurisdiction over Plaintiff’s California common law and statutory claims 19 against Defendant CASPAR CHOU. 20 21 Plaintiff’s COMPLAINT pled claims including a claim for rescission 22 (FIRST CLAIM FOR RELIEF (Intentional Misrepresentation/Fraud in the 23 Inducement) under California law. (See, California Civ. Code §§ 1689(b)(1) and 24 25 1691.) Plaintiff’s COMPLAINT states that on March 2, 2020, Plaintiff gave notice 26 of rescission to Defendant CASPAR CHOU and offered to tender back all benefits 27 28 1 received by Plaintiff under the rescinded contracts. (See, Plaintiff’s COMPLAINT at 2 ¶ 34.) 3 4 Defendant CASPAR CHOU was served with Summons and Plaintiff’s 5 COMPLAINT on May 27, 2020. (See, DOCUMENT 11.) Defendant CASPAR 6 CHOU failed to respond to Plaintiff’s COMPLAINT within 21 days. 7 8 On June 23, 2020, Plaintiff filed a request for the Clerk to enter the default 9 of Defendant CASPAR CHOU pursuant to F.R.Civ.P. Rule 55(a). (See, 10 11 DOCUMENT 12.) On June 24, 2020, the Clerk entered the default of Defendant 12 CASPAR CHOU. (See, DOCUMENT 13.) 13 PLAINTIFF’S APPLICATION TO ENTER DEFAULT JUDGMENT 14 15 Local Rule L.R. 55-1 provides: 16 L.R. 55-1 Default Judgments. When application is made to the Court for a 17 default judgment, the application shall be accompanied by a declaration in 18 compliance with F.R.Civ.P. 55(b)(1) and/or (2) and include the following: 19 (a) When and against what party the default was entered; 20 (b) The identification of the pleading to which default was entered; 21 22 (c) Whether the defaulting party is an infant or incompetent person, and if so, whether that person is represented by a general guardian, committee, 23 conservator or other representative; 24 25 (d) That the Servicemembers Civil Relief Act (50 U.S.C. App. § 521) does not apply; and 26 27 (e) That notice has been served on the defaulting party, if required by F.R.Civ.P. 55(b)(2). 28 1 When Plaintiff has met the requirements of Local Rule L.R. 55-1, F.R.Civ.P. 2 Rule 55(b)(1) provides: 3 4 (b) Entering a Default Judgment. 5 (1) By the Clerk. If the plaintiff’s claim is for a sum certain or a sum that can 6 be made certain by computation, the clerk—on the plaintiff’s request, with an affidavit showing the amount due—must enter judgment for that amount 7 and costs against a defendant who has been defaulted for not appearing and 8 who is neither a minor nor an incompetent person. 9 The Clerk has reviewed the following documents filed by Plaintiff: 10 1) APPLICATION FOR CLERK TO ENTER DEFAULT JUDGMENT 11 12 PURSUANT TO F.R.Civ.P. RULE 55(b)(1) AND LOCAL RULES L.R. 55-1 13 AND 55-3 AGAINST DEFENDANT CASPAR CHOU; 14 15 2) DECLARATION OF AL CABRINI IN SUPPORT OF ENTRY OF 16 DEFAULT JUDGMENT AGAINST DEFENDANT CASPAR CHOU, including 17 18 the exhibits attached thereto (the “Cabrini Declaration”); and 19 3) DECLARATION OF WILLIAM C. MILKS, III IN SUPPORT OF 20 ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT CASPAR 21 22 CHOU, including the exhibits attached thereto (“the Milks Declaration”). Based 23 on the Clerk’s review of said documents, the Clerk finds that Plaintiff has met the 24 25 requirements of Local Rule L.R. 55-1 and F.R.Civ.P. Rule 55(b)(1) for the grant of 26 default judgment against Defendant CASPAR CHOU. 27 28 1 DEFAULT JUDGMENT AGAINST DEFENDANT CHOU 2 3 The Clerk of this Court hereby GRANTS Plaintiff’s APPLICATION FOR 4 DEFAULT JUDGMENT PURSUANT TO F.R.Civ.P. RULE 55(b)(1) AND 5 6 LOCAL RULES L.R. 55-1 AND 55-3 AGAINST DEFENDANT CASPAR 7 CHOU and enters default judgment against Defendant CASPAR CHOU in the 8 above-captioned action pursuant to F.R.Civ.P. RULE 55(b)(1), Local Rules L.R. 9 10 55-1 and 55-3, and 28 U.S.C. § 1961(a) and (b) as follows: 11 12 1. The principal amount of $612,940.16 (See, Cabrini Declaration at ¶¶ 3-12 13 and Exhibits 1-7 attached thereto); 14 15 2. Costs in the amount of $525.00 (See, Milks Declaration at ¶ 8); 16 17 3. Prejudgment interest in the amount of $21,327.11 as of July 7, 2020, plus 18 19 $167.93 per day until default judgment is entered by the Clerk (See, Cabrini 20 Declaration at ¶ 14; California Civ. Code §§ 3287(a) and 3289(b); Leaf v. Phil 21 22 Rauch, Inc. (1975) 47 Cal. App. 3d 372, 376-377); 23 24 4. Attorney’s fees in the amount of $15,858.80 (See, Milks Declaration at ¶ 25 10); and 26 27 28 1 5. Post-judgment interest at 0.16 percent (0.16%), with interest computed daily to the date of payment and to be compounded annually until the judgment is 4 || Satisfied (See, Milks Declaration at § 11). 5 6 CLERK, U.S. DISTRICT COURT 7 GED . Vargo Nad 9 Dated: August 3, 2020 By: we, 10 Margo Mead, Deputy Clerk □□□□□ EF 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFAULT JUDGMENT