Tentative Rulings

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

Superior Court of California

County of Los Angeles

Department 50

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

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

Superior Court of California

County of Los Angeles

Department 50

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":"

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