This case was last updated from Los Angeles County Superior Courts on 03/11/2022 at 22:48:40 (UTC).

THE KUHN FOUNDATION, A CALIFORNIA CORPORATION, ET AL. VS SEAN SABERI, ET AL.

Case Summary

On 11/08/2021 THE KUHN FOUNDATION, A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against SEAN SABERI. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1062

  • Filing Date:

    11/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

ADAM KUHN TRUSTEE ON BEHALF OF OF THE FALLWATER TRUST

ALESSCO INC. DEFINED BENEFIT PLAN

EXPERT DOJO INC. A CALIFORNIA CORPORATION

THE KUHN FOUNDATION A CALIFORNIA CORPORATION

Defendants

FABFAD INC. A DELAWARE CORPORATION

SABERI SEAN

Attorney/Law Firm Details

Plaintiff Attorney

SHMIDT DENIS

 

Court Documents

Complaint

11/8/2021: Complaint

Summons - SUMMONS ON COMPLAINT

11/8/2021: Summons - SUMMONS ON COMPLAINT

Notice of Case Assignment - Unlimited Civil Case

11/8/2021: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

11/8/2021: Civil Case Cover Sheet

Civil Case Cover Sheet

11/8/2021: Civil Case Cover Sheet

Notice of Case Management Conference

11/18/2021: Notice of Case Management Conference

Proof of Service by Substituted Service

12/20/2021: Proof of Service by Substituted Service

Proof of Service by Substituted Service

12/20/2021: Proof of Service by Substituted Service

Request for Entry of Default / Judgment

1/14/2022: Request for Entry of Default / Judgment

Case Management Statement

3/4/2022: Case Management Statement

Memorandum of Costs (Summary)

2/25/2022: Memorandum of Costs (Summary)

Declaration Pursuant to 585 CCP in Support of Default Judgment

2/25/2022: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment

2/25/2022: Declaration Pursuant to 585 CCP in Support of Default Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment

2/25/2022: Declaration Pursuant to 585 CCP in Support of Default Judgment

Summary of the Case

2/25/2022: Summary of the Case

Declaration - DECLARATION OF DENIS SHMIDT IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT

2/25/2022: Declaration - DECLARATION OF DENIS SHMIDT IN SUPPORT OF REQUEST FOR DEFAULT JUDGMENT

Request for Entry of Default / Judgment

2/25/2022: Request for Entry of Default / Judgment

5 More Documents Available

 

Docket Entries

  • 03/21/2022
  • Hearing03/21/2022 at 10:00 AM in Department 50 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

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  • 03/04/2022
  • DocketCase Management Statement; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

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  • 02/25/2022
  • DocketDeclaration (of Denis Shmidt in Support of Request for Default Judgment); Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

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  • 02/25/2022
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less
  • 02/25/2022
  • DocketMemorandum of Costs (Summary); Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less
  • 02/25/2022
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less
  • 02/25/2022
  • DocketDeclaration Pursuant to 585 CCP in Support of Default Judgment; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less
  • 02/25/2022
  • DocketSummary of the Case; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

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  • 02/25/2022
  • DocketRequest for Entry of Default / Judgment; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

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  • 01/14/2022
  • DocketRequest for Entry of Default / Judgment; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less
  • 12/20/2021
  • DocketProof of Service by Substituted Service; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Alessco, Inc., Defined Benefit Plan (Plaintiff)

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  • 12/20/2021
  • DocketProof of Service by Substituted Service; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

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  • 11/18/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 11/08/2021
  • DocketCivil Case Cover Sheet; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less
  • 11/08/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

    Read MoreRead Less
  • 11/08/2021
  • DocketCivil Case Cover Sheet; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less
  • 11/08/2021
  • DocketSummons (on Complaint); Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

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  • 11/08/2021
  • DocketComplaint; Filed by The Kuhn Foundation, a California corporation (Plaintiff); Adam Kuhn, Trustee on behalf of of the Fallwater Trust (Plaintiff); Expert Dojo, Inc., a California corporation (Plaintiff) et al.

    Read MoreRead Less

Tentative Rulings

Case Number: *******1062 Hearing Date: June 30, 2022 Dept: 50

Superior Court of California

County of Los Angeles

Department 50

THE KUHN FOUNDATION, et al.,

Plaintiffs,

vs.

fabfad inc., et al.,

Defendants.

Case No.:

*******1062

Hearing Date:

June 30, 2022

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE:

PLAINTIFFS’ REQUEST FOR DEFAULT JUDGMENT

Plaintiffs The Kuhn Foundation; Adam Kuhn, Trustee of the Fallwater Trust; Expert Dojo, Inc.; and Allesco, Inc., Defined Benefit Plan[1] (collectively, “Plaintiffs) request entry of default judgment against Defendants Fabfad Inc. and Sean Saberi (“Saberi”) (jointly, “Defendants”), in the total amount of $3,281,448.90, comprising $2,350,000.00 demanded in the Complaint, $896,967.00 in interest, $661.23 in costs, and $33,819.67 in attorney’s fees.

The Court notes a number of defects with the submitted default judgment package.

First, the requested $2,350,000.00 demanded in the Complaint, $896,967.00 in interest, $661.23 in costs, and $33,819.67 in attorney’s fees does not add up to $3,281,448.90, the total amount requested (the total is $1.00 off).

Second, Plaintiffs indicate in the Proposed Judgment that they seek judgment against Defendants jointly and severally, in the amount of $2,181,448.90. In the case summary, Plaintiffs assert that the total principal amounts owed by Saberi on the royalty agreements is $1,250,000. However, in the Prayer for Relief in the Complaint, Plaintiffs seek “[m]onetary damages in the amount of, at least, $1,010,000.00, or such other amount as may be determined at trial, as against Sean Saberi…” (Compl., p. 16:5-6.) Code of Civil Procedure section 580, subdivision (a) “limits a trial court’s jurisdiction to grant relief on a default judgment to the amount stated in the complaint.” (Dhawan v. Biring (2015) 241 Cal.App.4th 963, 968.) “[I]n all default judgments the demand sets a ceiling on recovery.” (Finney v. Gomez (2003) 111 Cal.App.4th 527, 534.)

Accordingly, the Court denies Plaintiffs’ request for default judgment without prejudice. The Court will discuss with Plaintiffs a schedule for resubmission of the default judgment package.

DATED: June 30, 2022

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


[1]The Court notes that this entity is referred to “Alessco, Inc, a Defined Benefits Plan” in Mr. D’Alessio’s declaration.



Case Number: *******1062 Hearing Date: April 26, 2022 Dept: 50

Superior Court of California

County of Los Angeles

Department 50

THE KUHN FOUNDATION, et al.,

Plaintiffs,

vs.

fabfad inc., et al.,

Defendants.

Case No.:

*******1062

Hearing Date:

April 26, 2022

Hearing Time:

10:00 a.m.

[TENTATIVE] ORDER RE:

PLAINTIFFS’ REQUEST FOR DEFAULT JUDGMENT

Plaintiffs The Kuhn Foundation; Adam Kuhn, Trustee of the Fallwater Trust; Expert Dojo, Inc.; and Allesco, Inc., Defined Benefit Plan[1] (collectively, “Plaintiffs) request entry of default judgment against Defendants Fabfad Inc. and Sean Saberi (jointly, “Defendants”), in the total amount of $3,026,229.70, comprising $2,350,000.00 demanded in the Complaint, $644.227 in interest, $711.44 in costs, and $31,292.26 in attorney’s fees.

The Court notes a number of defects with the submitted default judgment package.

First, the requested $2,350,000.00 demanded in the Complaint, $644.227 in interest, $711.44 in costs, and $31,292.26 in attorney’s fees does not add up to $3,026,229.70, the total amount requested.

Second, Plaintiffs have not provided sufficient evidentiary support for the requested $2,350,000.00 in damages. The Court also notes that it is unclear from the declarations provided what amounts are allegedly owed by Defendants under the royalty agreements.

Third, Plaintiffs do not submit any declaration setting forth Plaintiffs’ computation of prejudgment interest. (See Cal. Rules of Court, rule 3.1800(a)(3).)

Fourth, Plaintiffs do not submit a declaration of their counsel attesting to the attorney’s fees requested.

Fifth, Plaintiffs have not provided any authority for the costs that are not allowable under Code of Civil Procedure section 1033.5 (i.e., unspecified “Administrative Cost” totaling $4.30)Code of Civil Procedure section 1033.5 (i.e., unspecified “Administrative Cost” totaling $4.30)Code of Civil Procedure section 1033.5 (i.e., unspecified “Administrative Cost” totaling $4.30)Full.StateStatuteCiteciteReporter.Name","Markup":null,"Master":"","name":"Psych_Cite_19","Original_string":"Code of Civil Procedure section 1033.5 (i.e., unspecified “Administrative Cost” totaling $4.30)","Page":null,"Parallel":null,"Pattern":"Full.StateStatuteCite","PinPage":null,"ReadOrderIndex":3381,"Refers_To":null,"ShortText":"Cal. Civ. Proc. Code 1033.5","Start":3381,"Story":"wdMainTextStory"},"TOA":"","html":"

Code of Civil Procedure section 1033.5 (i.e., unspecified “Administrative Cost” totaling $4.30)

"}">Code of Civil Procedure section 1033.5 (i.e., “printing/postage and doc access fees” totaling $66.89).

Accordingly, the Court denies Plaintiffs’ request for default judgment without prejudice. The Clerk will discuss with Plaintiffs a schedule for resubmission of the default judgment package.

DATED: April 26, 2022

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


[1]The Court notes that this entity is referred to “Alessco, Inc, a Defined Benefits Plan” in Mr. D’Alessio’s declaration.



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