Kevin So v. Land Base LLC et al, No. 2:2008cv03336 - Document 558 (C.D. Cal. 2013)
Court Description: JUDGMENT FOR SUM CERTAIN AGAINST DEFENDANTS LUCY LU AND HENRY YANG by Judge Dean D. Pregerson: A. On Plaintiffs claim for unjust enrichment (Count 6 of the Second Amended Complaint): 1. Awarding compensatory damages of $816,222.00;2. Awarding pr e-judgment interest at the rate of seven percent (7%) perannum, from July 31, 2008, through the date of issuance of this judgment; 3. Awarding costs in an amount to be determined following submissionof a Bill of Costs;4. Awarding interest on the foregoing amounts pursuant to 28 U.S.C. 1961 from the date of judgment until paid in full; 5. Awarding post-judgment costs and attorneys fees incurred in the collection of this judgment.B. On Plaintiffs claim for constructive trust (Count 8 of the S econd Amended Complaint): 1. Awarding compensatory damages of $816,222.00;2. Awarding pre-judgment interest at the rate of seven percent (7%) perannum, from July 31, 2008, through the date of issuance of thisjudgment; 3. Awarding costs in a n amount to be determined following submissionof a Bill of Costs; 4. Awarding interest on the foregoing amounts pursuant to 28 U.S.C. 1961 from the date of judgment until paid in full; 5. Awarding post-judgment costs and attorneys fees incurred in th e collection of this judgment.C. On Plaintiffs claim for breach of fiduciary duty (Count 10 of the Second Amended Complaint): 1. Awarding compensatory damages of $24,832,860.96;2. Awarding pre-judgment interest at the rate of seven percent (7� 37;) perannum, from July 31, 2008, through the date of issuance of this judgment; 3. Awarding costs in an amount to be determined following submissionof a Bill of Costs; 4. Awarding interest on the foregoing amounts pursuant to 28 U.S.C. 1961 from th e date of judgment until paid in full; 5. Awarding post-judgment costs and attorneys fees incurred in the collection of this judgment.Plaintiff is entitled to apply payments received on thisFinal Judgment first toward after-accruing interest, then toward principal. (lc)
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Kevin So v. Land Base LLC et al Doc. 558 1 Haig V. Kalbian (Admitted pro hac vice) Mary M. Baker (Admitted pro hac vice) 2 D. Michelle Douglas (CA Bar No. 190248) Aaron Knights (Admitted pro hac vice) 3 Kalbian Hagerty L.L.P. The Brawner Building th 4 888 17 Street, N.W., Suite 1000 Washington, D.C. 20006 (202) 223-5600 Facsimile: (202) 223-6625 6 E-mail: hkalbian@kalbianhagerty.com mmb@kalbianhagerty.com 7 mdouglas@kalbianhagerty.com aknights@ kalbianhagerty.com 5 Phone: 8 Louis R. Miller, Esq. (CA Bar No. 54141) 9 Alexander Frid, Esq. (CA Bar No. 216800) CLOSED Miller Barondess, LLP 10 1999 Avenue of the Stars, Suite 1000 Los Angeles, California 90067 (310) 552-4400 Facsimile: (310) 552-8400 12 E-mail: smiller@millerbarondess.com sfrid@millerbarondess.com 11 Phone: 13 14 Counsel for Plaintiff Kevin So UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA (Western Division-Los Angeles) 15 16 17 18 KEVIN SO, Plaintiff, 19 20 21 v. 22 23 24 25 LAND BASE, LLC, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV 08-03336 DDP (AGRx) JUDGMENT FOR SUM CERTAIN AGAINST DEFENDANTS LUCY LU AND HENRY YANG (Hon. Dean D. Pregerson) Oral Argument Scheduled Date: Monday, April 22, 2013 Time: 10:00 am Place: Courtroom 3, 2nd Floor 26 27 Plaintiff Kevin So, through counsel, having filed a Motion for Default Judgment 28 against Lucy Lu and Henry Yang (collectively “Defendants”), and this case being one Dockets.Justia.com 1 appropriate for default judgment without a hearing, and good cause appearing, the Court 2 hereby makes the following findings of fact and conclusions of law: 3 I. Plaintiff filed his Second Amended Complaint on June 12, 2009. 4 II. Defendants Lucy Lu and Henry Yang were served with process in this matter on 5 August 31, 2009, and neither has answered or otherwise appeared to defend. 6 III. Defendants’ default was entered on February 11, 2010, and the allegations 7 contained in Plaintiff’s Second Amended Complaint are deemed true. 8 IV. The damages sought herein are determinable by way of calculation and are 9 appropriately awarded without a hearing. 10 V. Plaintiff has sufficiently proven his right to all damages awarded herein. 11 VI. Pursuant to 28 USC § 2412, Plaintiff is entitled to an award of his costs, in an 12 amount to be determined pending submission of a Bill of Costs by Plaintiff. 13 14 NOW, THEREFORE, based upon the foregoing findings of fact and conclusions of law, 15 the pleadings filed in this matter, and the evidence presented in Plaintiff’s Motion for 16 Default Judgment and accompanying Declaration: 17 18 IT IS HEREBY ORDERED that Judgment in Case No. CV 08-3336 DDP be and hereby 19 is granted in favor of Plaintiff Kevin So, and jointly and severally against Defendant Lucy 20 Lu and Defendant Henry Yang, as follows: 21 A. On Plaintiff’s claim for unjust enrichment (Count 6 of the Second Amended 22 Complaint): 23 1. Awarding compensatory damages of $816,222.00; 24 2. Awarding pre-judgment interest at the rate of seven percent (7%) per 25 annum, from July 31, 2008, through the date of issuance of this 26 judgment; 27 28 3. Awarding costs in an amount to be determined following submission of a Bill of Costs; 1 4. 2 § 1961 from the date of judgment until paid in full; 3 5. 4 5 Awarding interest on the foregoing amounts pursuant to 28 U.S.C. Awarding post-judgment costs and attorneys’ fees incurred in the collection of this judgment. B. On Plaintiff’s claim for constructive trust (Count 8 of the Second Amended 6 Complaint): 7 1. Awarding compensatory damages of $816,222.00; 8 2. Awarding pre-judgment interest at the rate of seven percent (7%) per 9 annum, from July 31, 2008, through the date of issuance of this 10 judgment; 11 3. 12 of a Bill of Costs; 13 4. 14 Awarding interest on the foregoing amounts pursuant to 28 U.S.C. § 1961 from the date of judgment until paid in full; 15 5. 16 17 C. Awarding costs in an amount to be determined following submission Awarding post-judgment costs and attorneys’ fees incurred in the collection of this judgment. On Plaintiff’s claim for breach of fiduciary duty (Count 10 of the Second Amended 18 Complaint): 19 1. Awarding compensatory damages of $24,832,860.96; 20 2. Awarding pre-judgment interest at the rate of seven percent (7%) per 21 annum, from July 31, 2008, through the date of issuance of this 22 judgment; 23 3. 24 25 of a Bill of Costs; 4. 26 27 28 Awarding costs in an amount to be determined following submission Awarding interest on the foregoing amounts pursuant to 28 U.S.C. § 1961 from the date of judgment until paid in full; 5. Awarding post-judgment costs and attorneys’ fees incurred in the collection of this judgment. 1 2 IT IS FURTHER ORDERED that Plaintiff is entitled to apply payments received on this 3 Final Judgment first toward after-accruing interest, then toward principal. 4 5 IT IS FURTHER ORDERED that, the Court finds there is no just reason for delay and, 6 if this Judgment is against less than all Defendants herein, that the Clerk shall enter this as 7 a final Judgment upon its filing, pursuant to Rule 54(b) of the Federal Rules of Civil 8 Procedure. 9 10 SO ORDERED. 11 Dated: July 02, 2013 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Judge
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