This case was last updated from Los Angeles County Superior Courts on 07/19/2019 at 02:09:02 (UTC).

AONE ENTERTAINMENT LLC VS CHASITY DENELLE JAMES ET AL

Case Summary

On 03/12/2018 a Contract - Other Contract case was filed by AONE ENTERTAINMENT LLC against CHASITY DENELLE JAMES in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7634

  • Filing Date:

    03/12/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

DAVID SOTELO

 

Party Details

Plaintiff and Petitioner

AONE ENTERTAINMENT LLC

Defendants and Respondents

JAMES CHASITY DANELLE

DOES 1 TO 10

 

Court Documents

CASE MANAGEMENT STATEMENT

6/13/2018: CASE MANAGEMENT STATEMENT

Minute Order

6/15/2018: Minute Order

PLAINTIFF'S NOTICE OF OPPOSITION AND OPPOSITION TO DEFENDANT'S MOTION TO QUASH SERVICE OF SUMMONS

7/11/2018: PLAINTIFF'S NOTICE OF OPPOSITION AND OPPOSITION TO DEFENDANT'S MOTION TO QUASH SERVICE OF SUMMONS

Minute Order

7/25/2018: Minute Order

Minute Order

9/27/2018: Minute Order

Request for Entry of Default / Judgment

10/12/2018: Request for Entry of Default / Judgment

Declaration

4/17/2019: Declaration

Request for Entry of Default / Judgment

4/17/2019: Request for Entry of Default / Judgment

Minute Order

4/25/2019: Minute Order

ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

5/29/2018: ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

5/29/2018: ORDER ON COURT FEE WAIVER (SUPERIOR COURT)

NOTICE OF MOTION AND MOTION TO QUASH SERVICE; ETC.

5/29/2018: NOTICE OF MOTION AND MOTION TO QUASH SERVICE; ETC.

Minute Order

5/15/2018: Minute Order

PROOF OF SERVICE SUMMONS

5/1/2018: PROOF OF SERVICE SUMMONS

ORDER TO SHOW CAUSE HEARING

4/6/2018: ORDER TO SHOW CAUSE HEARING

NOTICE OF CASE MANAGEMENT CONFERENCE

4/6/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

SUMMONS

3/12/2018: SUMMONS

COMPLAINT FOR: 1. VIOLATION OF THE LANUHAM ACT; 15 U.S.C. SECFLON 1125 (A) (UNFAIR COMPETITION) ;ETC

3/12/2018: COMPLAINT FOR: 1. VIOLATION OF THE LANUHAM ACT; 15 U.S.C. SECFLON 1125 (A) (UNFAIR COMPETITION) ;ETC

6 More Documents Available

 

Docket Entries

  • 06/18/2019
  • at 09:30 AM in Department 40; Jury Trial - Not Held - Vacated by Court

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  • 06/06/2019
  • at 08:30 AM in Department 40; Final Status Conference - Not Held - Vacated by Court

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  • 04/25/2019
  • at 08:30 AM in Department 40; Status Conference - Held

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  • 04/25/2019
  • Minute Order ( (Status Conference)); Filed by Clerk

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  • 04/17/2019
  • Request for Entry of Default / Judgment; Filed by Aone Entertainment, LLC (Plaintiff)

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  • 04/17/2019
  • Declaration (OF DARRICK ANGELONE ON BEHALF OF PLAINTIFF AONE ENTERTAINMENT, LLC IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENT ON BEHALF OF PLAINTIFF AONE ENTERTAINMENT, LLC AGAINST DEFENDANT CHASITY DANELLE JAMES); Filed by Aone Entertainment, LLC (Plaintiff)

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  • 10/12/2018
  • Request for Entry of Default / Judgment; Filed by Aone Entertainment, LLC (Plaintiff)

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  • 09/28/2018
  • RULING RE: MOTION TO QUASH SERVICE OF SUMMONS

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  • 09/27/2018
  • at 08:45 AM in Department 40; Hearing on Motion to Quash ((Motion Denied)) -

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  • 09/27/2018
  • Minute order entered: 2018-09-27 00:00:00; Filed by Clerk

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26 More Docket Entries
  • 05/15/2018
  • Minute Order

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  • 05/01/2018
  • PROOF OF SERVICE SUMMONS

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  • 05/01/2018
  • Proof of Service (not Summons and Complaint); Filed by Aone Entertainment, LLC (Plaintiff)

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  • 04/06/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/06/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 04/06/2018
  • ORDER TO SHOW CAUSE HEARING

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  • 04/06/2018
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 03/12/2018
  • Complaint; Filed by Aone Entertainment, LLC (Plaintiff)

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  • 03/12/2018
  • COMPLAINT FOR: 1. VIOLATION OF THE LANUHAM ACT; 15 U.S.C. SECFLON 1125 (A) (UNFAIR COMPETITION) ;ETC

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  • 03/12/2018
  • SUMMONS

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Tentative Rulings

Case Number: BC697634    Hearing Date: January 28, 2020    Dept: 40

Case Name: AONE ENTERTAINMENT, LLC v. CHASITY DANELLE JAMES

Case #: BC697634

Hearing Date: 1/28/20 OSC Re: Entry of Default Judgment

Moving Party: Plaintiff Aone Entertainment, LLC (“Plaintiff”)

Defaulting Party: Defendant Chasity Danelle James (“Defendant”)

Total Amount: $6,435

BACKGROUND: Defendant created a website where they infringe on AONE’s trademark, copyright material, name, and photographs. AONE states that Defendant also uses the website to spread false, misleading, and harmful statements about Darrick Angelone, the owner of AONE, and his wife.

[X] DEFAULT ENTERED ON: 10/12/18 as to Defendant

[X] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF COURT JUDGMENT (CRC 3.1800(a))

[X] SERVICE:

Summons and Complaint:

[X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587)

[X] NO PENDING MOTION TO VACATE DEFAULT

[X] SUMMARY OF CASE PROVIDED (CRC 3.1800(a)(1)) - or other declaration OK [ ]

[X] EVIDENTIARY DECLARATIONS/OTHER EVIDENCE (CRC 3.1800(a)(2))

[X] RELIEF PRAYED FOR IN COMPLAINT (same as requested in default?): [X] yes [ ] no

[X] Demand of Complaint: $ $1,750.00

[ ] Damages $

Special: $

General: $

[ ] Interest: $

[X] Costs: $ 435.00

[X] Attorney’ Fees: $ 5,250.00

[ ] Other: (Punitive) $

Total: $ 7,435.00

(Relief afforded in default judgment is limited to type and amount of claims in complaint, except for punitives and PI/death. CCP §§ 425.11, 580, 585(a)(b). The amount in the complaint prayer controls (National Diversified Services, Inc. v. Bernstein (1985) 168 Cal.App.3d 410, 418).)

[N/A] INTEREST COMPUTATIONS (CRC 3.1800(a)(3))

[X] ATTORNEY FEE DECLARATION -- Request according to Local Rule 3.214 or reason provided why greater fees should be allowed (CRC 3.1800(b))

[X] Request for atty fees allowed by statute or agreement of parties (CRC 3.1800(a)(9)): Request under Lanham Act

[ ] $800/$1,000 for book account claim (Civil Code § 1717.5)

[X] MEMORANDUM OF COSTS (CRC 3.1800(a)(4))

[N/A] STATEMENT OF DAMAGES (CCP § 425.11):

[ ] PI/Death Case [O] Punitives demanded [ ] Accounting

[ ] Evidence of net worth of defendant? [ ] Yes [X] No

(If no, punitives may not be assessed. Adams v. Murakami (1991) 54 Cal.3d 105.)

[X] DECLARATION OF NON-MILITARY STATUS executed within 6 months?

Date: 4-17-19 (CRC 3.1800(a)(5); Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1447.)

[X] REQUEST FOR DISMISSAL OF DOES (CRC 3.1800(a)(7))

[ ] If not, authority/basis for several judgment (CCP § 579)

[N/A] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) - must do one of the following:

[ ] Summons notifies defendant that s/he was served under a fictitious name

[ ] Proof of service states that the Doe amendment form was served with the complaint

[ ] Complaint amended to reflect the true defendant’s name & allegations support claim

[N/A] ORIGINALS Promissory note or other written obligation to pay money must be provided for cancellation by the Clerk per CRC 3.1806

[ ] If no originals, declaration explaining loss/destruction/unavailability of originals

[ ] Proposed order for Court to accept authenticated copy in lieu of original

[X] PROPOSED FORM OF JUDGMENT INCLUDED (CRC 3.1800(a)(6))

RECOMMENDATION: GRANTED

TENTATIVE RULING

Although, Plaintiff failed to include an amount of damages in prayer of the Complaint, Defendant did have notice that they were accused of violating California Civ. Code § 3344, which in relevant part states:

  1. Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($ 750) or the actual damages suffered by him or her as a result of the unauthorized use…” (emphasis added.)

The Lanham Act, at 15 U.S. Code section 1117 (d) provides statutory damages at not less than $1,000.

Therefore, Plaintiff’s request for $1750 in damages is appropriate.

The matter is submitted on declaration pursuant to Code of Civil Procedure section 585(d). The

Court has read and considered the documents submitted in support of entry of default judgment.

Judgment is signed and filed this date.

Default judgment by Court entered for Plaintiff Aone Entertainment, LLC against Defendant Chasity Danelle James on the Complaint filed by Chasity Danelle James on 3/12/2018 for damages in the amount of $1,750.00, for costs in the amount of $435, and for attorneys’ fees in the amount of $5,250, for a total amount of $ 7,435.00

The Court will sign the judgment as modified above and which contains a proposed injunction.