NZG Specialties, Inc. v. New Water Co. et al, No. 5:2021cv01933 - Document 30 (C.D. Cal. 2022)

Court Description: FINAL JUDGMENT by Judge George H. Wu: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that default judgment is hereby entered in favor of NZG Specialties, Inc. d/b/a Gourmet Trading Company, and against New Water Co. and Marlon Abarca, jointly and severa lly, pursuant to the trust provision of the Perishable Agricultural Commodities Act, 7 U.S.C. Sec. 499e(c), in the total amount of $57,662.99, which includes the principal amount of $43,759.00, interest owed on that debt through January 26, 2022, in the amount of $9,558.80, attorneys fees through December 31, 2021, in the amount of $3,732.31, and costs in the amount of $612.48. (MD JS-6, Case Terminated). (bm)

Download PDF
NZG Specialties, Inc. v. New Water Co. et al Doc. 30 JS-6 1 CARTEE, LC Anthony B. Cartee (SBN 248721) 333 City Boulevard West, 17th Floor Orange, CA 92868 Telephone: (714) 938-3887 Facsimile: (714) 938-3255 Email: acartee@ac-legal.com 2 3 4 5 Attorney for Plaintiff NZG Specialties, Inc. d/b/a Gourmet Trading Company 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION 10 NZG SPECIALTIES, INC. d/b/a GOURMET TRADING COMPANY,1 11 12 13 FINAL JUDGMENT Plaintiff, 14 NO.: EDCV 21-1933-GW-SPx - against - 15 16 NEW WATER CO., and MARLON ABARCA, 17 18 Defendants. 19 20 21 UPON CONSIDERATION of Plaintiff NZG Specialties, Inc. d/b/a Gourmet 22 Company’s Motion for Entry of Default Judgment, the memorandum in support, the 23 declarations of Plaintiff’s representative and Plaintiff’s attorneys and the exhibits 24 annexed thereto, and Plaintiff’s Complaint demonstrating that: Plaintiff and Defendant 25 New Water Co. (“New Water”) are licensed dealers under the Perishable Agricultural 26 Commodities Act (“PACA”), 7 U.S.C. § 499a et seq.; Plaintiff sold wholesale 27 28 1 The trade name of Plaintiff was initially listed incorrectly as “Gourmet Trading, Inc.” Plaintiff’s correct trade name is Gourmet Trading Company. -1- FINAL JUDGMENT Dockets.Justia.com 1 quantities of produce to New Water for which it has not been paid; Defendant Marlon 2 Abarca is and was the owner, officer, and/or director of New Water; Plaintiff’s invoices 3 included the language required by 7 U.S.C. § 499e(c)(4) to preserve its rights under 4 the trust provision of the Perishable Agricultural Commodities Act (“PACA”), 7 5 U.S.C. § 499e(c)(2); Plaintiff’s invoices entitle it to interest at the rate of 18% per 6 7 8 9 10 11 12 13 14 annum and attorneys’ fees and costs in the event of non-payment; and finding that interest, attorneys’ fees, and costs are “sums owing in connection with” the produce sales; and it further appearing that Defendants failed to plead or otherwise appear in this action; and that Defendants are not infants, incompetent persons, or in the military service of the United States, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that default judgment is hereby entered in favor of NZG Specialties, Inc. d/b/a Gourmet Trading Company, and against New Water Co. and Marlon Abarca, jointly and severally, pursuant to the trust 15 provision of the Perishable Agricultural Commodities Act, 7 U.S.C. § 499e(c), in the 16 total amount of $57,662.99, which includes the principal amount of $43,759.00, 17 interest owed on that debt through January 26, 2022, in the amount of $9,558.80, 18 attorneys’ fees through December 31, 2021, in the amount of $3,732.31, and costs in 19 the amount of $612.48. 20 21 IT IS SO ORDERED. 22 23 Dated this 17th day of February 2022. 24 25 26 27 28 HON. GEORGE H. WU, UNITED STATES DISTRICT JUDGE -2- FINAL JUDGMENT

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.