(PS) Quantum Capital Funding Corporation v. PDI Group, Inc. et al, No. 2:2018cv03279 - Document 52 (E.D. Cal. 2022)

Court Description: ORDER signed by Senior Judge William B. Shubb on 1/5/2022 ADOPTING 51 Findings and Recommendations in full, GRANTING IN PART AND DENYING IN PART 49 Motion for Default Judgment. The motion is GRANTED with respect to liability as described in the order and DENIED with respect to liability in that defendant Gehm III is not liable for either intentional or negligent misrepresentation under the Fifth and Sixth Causes of Action and DENIED without prejudice with respect to damages. (Coll, A)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 QUANTUM CAPITAL FUNDING CORPORATION, Plaintiff, 13 ORDER v. 14 15 16 No. 2:18-cv-03279-WBS-KJN PS (ECF Nos. 49, 51) PDI GROUP, INC.; RG GROUP, LLC; JOHN F. GEHM, JR.; JOHN F. GEHM, III; and DOES 1 through 25, inclusive, 17 Defendants. 18 On December 7, 2021, the magistrate judge filed findings and recommendations (ECF 19 20 No. 51), which were served on the parties and which contained notice that any objections to the 21 findings and recommendations were to be filed within twenty-one (21) days. No objections were 22 filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 23 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 24 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 25 1983). The court has reviewed the applicable legal standards and, good cause appearing, 26 27 concludes that it is appropriate to adopt the findings and recommendations in full. 28 /// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 51) are ADOPTED IN FULL; 3 2. Plaintiff’s Motion for Default Judgment (ECF No. 49) is GRANTED in part and DENIED 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 in part; 3. The motion is granted with respect to liability as follows: a. All defendants are jointly and severally liable for PDI’s breach of contract under the First Cause of Action; b. RG Group is liable for RG Group’s breach of contract under the First Cause of Action; c. PDI and RG Group are each separately liable for their respective portions of the money had and received claim in the Second Cause of Action; d. PDI and RG Group are each separately liable for their respective portions of the open book account claim in the Third Cause of Action; e. PDI and RG Group are each separately liable for their respective portions of the account stated claim in the Fourth Cause of Action; f. PDI, Gehm Jr., and Gehm III are jointly and severally liable for PDI’s conversion under the Seventh Cause of Action; and g. RG Group is liable for RG Group’s conversion under the Seventh Cause of Action. 19 4. The motion is denied with respect to liability in that defendant Gehm III is not liable for 20 either intentional or negligent misrepresentation under the Fifth and Sixth Causes of 21 Action; and 22 5. The motion is denied without prejudice with respect to damages. 23 24 Dated: January 5, 2022 25 26 27 28 2