Giganews, Inc. et al v. Perfect 10, Inc. et al

Filing 266

FINAL JUDGMENT by Judge Andre Birotte Jr.: The Court now issues its final judgment as follows: (1) Plaintiffs Giganews, Inc. and Livewire Services, Inc. are entitled to judgment against both defendants Perfect 10, Inc., and Norman Zada, jointly and s everally, on the plaintiffs' first cause of action for actual fraudulent transfer in the amount of $454,000.00 in compensatory damages and $746,000.00 in punitive damages. (2) Plaintiffs are further entitled to prejudgment interest fro m both defendants, jointly and severally, at seven percent per annum pursuant to Cal. Civil Code Section 3287(a) and Cal. Const. art. XV Section 1 on the compensatory damages ($454,000) from 5/13/2015, to the date the jury entered its verdict, 4 /3/2019, for an additional amount of $123,712.26 ($87.06 per day for 1,421 days). (3) Plaintiffs are also entitled to prejudgment interest from both defendants, jointly and severally, on the entire award ($1,200,000.00, including compe nsatory and punitive damages) from the date of the verdict, 4/3/2019, to the date the Court enters this final judgment. This amounts to $230.13 per day for 174 days, totaling an additional $40,042.62. (4) Defendants are entitled to judgment on the plaintiffs' second and third causes of action for constructive fraudulent transfer and for transfer of property without transfer of possession. (5) The Court will address costs in accordance with Fed. R. Civ. P. 54(d)(1) and Civ. L.R. 54-1. (6) Plaintiffs are also entitled to postjudgment interest from the date of this Judgment, at the prevailing federal rate. (MD JS-6, Case Terminated). (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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LOS ANGELES DIVISION

11 GIGANEWS, INC., a Texas Corporation; Case No.: 2:17-cv-05075-AB (JPR)
LIVEWIRE SERVICES, INC., a Nevada
12 Corporation,
[PROPOSED] FINAL JUDGMENT
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Plaintiffs,
v.

Courtroom:
Judge:

7B
Hon. André Birotte, Jr.

15 PERFECT 10, INC., a California
Corporation; NORMAN ZADA, in
16 individual; and DOES 1-50, inclusive,
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Defendants.

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FINAL JUDGMENT

CASE NO. 2:17-CV-05075-AB (JPR)

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On April 3, 2019, the jury entered a special verdict after trial. The Court now

2 issues its final judgment as follows:
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1.

Plaintiffs Giganews, Inc. and Livewire Services, Inc. are entitled to

4 judgment against both defendants Perfect 10, Inc., and Norman Zada, jointly and
5 severally, on the plaintiffs’ first cause of action for actual fraudulent transfer in the
6 amount of $454,000.00 in compensatory damages and $746,000.00 in punitive
7 damages.
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2.

Plaintiffs are further entitled to prejudgment interest from both

9 defendants, jointly and severally, at seven percent per annum pursuant to Cal. Civil
10 Code § 3287(a) and Cal. Const. art. XV § 1 on the compensatory damages
11 ($454,000) from May 13, 2015, to the date the jury entered its verdict, April 3,
12 2019, for an additional amount of $123,712.26 ($87.06 per day for 1,421 days).
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3.

Plaintiffs are also entitled to prejudgment interest from both

14 defendants, jointly and severally, on the entire award ($1,200,000.00, including
15 compensatory and punitive damages) from the date of the verdict, April 3, 2019, to
16 the date the Court enters this final judgment. This amounts to $230.13 per day for
17 174 days, totaling an additional $40,042.62.
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4.

Defendants are entitled to judgment on the plaintiffs’ second and third

19 causes of action for constructive fraudulent transfer and for transfer of property
20 without transfer of possession.
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5.

The Court will address costs in accordance with Fed. R. Civ. P.

22 54(d)(1) and Civ. L.R. 54-1.
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6.

Plaintiffs are also entitled to postjudgment interest from the date of this

24 Judgment, at the prevailing federal rate.
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IT IS SO ORDERED:

26 Dated: September 23, 2019
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FINAL JUDGMENT

Hon. André Birotte, Jr.
United States District Judge
Central District of California
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CASE NO. 2:17-CV-05075-AB (JPR)