J D Factors LLC v. Sol-Taic Solar Inc et al

Filing 20

JUDGMENT by Judge Dean D. Pregerson. IT IS HEREBY ADJUDGED, ORDERED AND DECREED that: The Court specifically finds that Defendants Sol-Taic and Bryan Dirks knowingly and intentionally converted Plaintiff's property by wrongfully diverting and co llecting the proceeds from the Accounts (as that term is defined in California Commerical Code 9102(a)(2) purchased by J D Factors. Plaintiff shall have judgment for monetary damages against Defendants, jointly and severally, in the total amount of & #036;565,046.69, which consists of the principal amount of $350,077.69., reasonable attorney's fees in the amount of $39,569.00, and costs in the amount of $400.00; and punitive damages in the amount of $175,000.00. (MD JS-6, Case Terminated). (bp)

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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LEVINSON ARSHONSKY & KURTZ, LLP

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Plaintiff,

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CASE NO. CV14-00666 DDP (CWx)
Location: Courtroom 3
Judge:
Hon. Dean D. Pregerson

J D FACTORS, LLC, a California
Limited Liability Company,

JUDGMENT

vs.
SOL-TAIC SOLAR, INC., a Colorado
Corporation, BRYAN DIRKES, an
Individual, and MONA DIRKES, an
Individual, and DOES 1 through 10,
Defendants.

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[Notice of Motion and Motion for a Default
Judgment; Memorandum of Points and Authorities;
Declarations of Matthew Johnson and Jason J. Jarvis;
and Request for Judicial Notice Filed Concurrently
Herewith]

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DATE: July 14, 2014
TIME: 10:00 a.m.
CTRM: 3

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Complaint Filed: January 28, 2014

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PURSUANT TO THE MOTION FOR ENTRY OF DEFAULT JUDGMENT

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SUBMITTED by Plaintiff J D FACTORS, LLC (“Plaintiff” or “J D Factors”) against

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Defendants Sol-Taic Solar, Inc. (“Sol-Taic”), Bryan Dirkes, and Mona Dirkes

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(collectively, “Defendants”),

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///

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///
569-018/281177

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[PROPOSED] JUDGMENT

NOW, THEREFORE, IT IS HEREBY ADJUDGED, ORDERED AND

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DECREED that:
(1)

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The Court specifically finds that Defendants Sol-Taic and Bryan

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Dirkes knowingly and intentionally converted Plaintiff’s property by wrongfully

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diverting and collecting the proceeds from the Accounts (as that term is defined in

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California Commercial Code §9102(a)(2 )) purchased by J D Factors.
(2)

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The Court further specifically finds that Defendants Sol-Taic and

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Bryan Dirkes, knowingly and intentionally, for purposes of deceiving J D Factors and

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obtaining financing/funding, concealed material facts that: (a) Defendants Sol-Taic and
Bryan Dirkes had been diverting payments on the Accounts to Sol-Taic; and (b)

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Defendants Sol-Taic and Bryan Dirkes had been falsifying and creating wholly

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LEVINSON ARSHONSKY & KURTZ, LLP

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fraudulent invoices while representing to J D Factors that they were valid invoices

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which were due for payment and eligible for funding.
(3)

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Defendants Sol-Taic and Bryan Dirkes, who were under a duty to

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disclose the diversion of payments and the falsified and fraudulent invoices, concealed

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these material facts with the intention of inducing J D Factors to continue purchasing

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Accounts from and advancing funds to Sol-Taic. J D Factors justifiably relied upon

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Defendants Sol-Taic’s and Bryan Dirkes’ representations and was induced to continue

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to advance funds to and purchase invoices from Sol-Taic. In doing so, J D Factors was

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damaged by purchasing Accounts from Sol-Taic, the payments on which would be

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paid to Sol-Taic directly, and not to J D Factors. In this regard, the Court finds that

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Defendants Sol-Taic’s and Bryan Dirkes’ conduct was fraudulent and they acted with

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the specific intent to injure and harm J D Factors.
(4)

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Judgment on Plaintiff’s First Claim for Relief for Breach of

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Contract shall be entered in favor of Plaintiff and against Defendant Sol-Taic Solar,

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Inc.
(5)

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Judgment on Plaintiff’s Second Claim for Relief for Breach of

Guaranty shall be entered in favor of Plaintiff and against Defendants Bryan Dirkes
569-018/281177

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[PROPOSED] JUDGMENT

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and Mona Dirkes.
(6)

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Judgment on Plaintiff’s Third Claim for Relief for Fraudulent

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Concealment shall be entered in favor of Plaintiff and against Defendants Sol-Taic

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Solar Inc. and Bryan Dirkes.

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(7)

Judgment on Plaintiff’s Fifth Claim for Relief for Conversion shall

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be entered in favor of Plaintiff and against Defendants Sol-Taic Solar Inc., Bryan

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Dirkes, and Mona Dirkes.
(8)

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Plaintiff shall have judgment for monetary damages against

Defendants, jointly and severally, in the total amount of $ 565,046.69, which consists
of the principal amount of $350,077.69, reasonable attorney’s fees in the amount of

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$39,569.00, and costs in the amount of $400.00; and punitive damages in the amount

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LEVINSON ARSHONSKY & KURTZ, LLP

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of $175.000.00.

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(9)

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Claim of Relief for Injunction are dismissed.
(10) Plaintiff shall be entitled to post-judgment costs and interest,

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Plaintiff’s Fourth Claim for Relief for an Accounting and Sixth

according to proof.

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Dated: July 29, 2014
THE HONORABLE DEAN PREGERSON
UNITED STATES DISTRICT JUDGE

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569-018/281177

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[PROPOSED] JUDGMENT