Century 21 Real Estate LLC v. Diversified Real Estate Group, Inc. et al

Filing 57

JUDGMENT by Judge Andre Birotte, Jr, in favor of Plaintiff Century 21 and against Defendants DRE Group, Oliver, and Mejia, jointly and severally as to Oliver and Mejia as the personal guarantors of the contracts at issue, in the amount of $400,7 26.61, in actual damages, plus treble damages for trademark infringement in the amount of $30,780, plus attorneys fees and costs in the amount of $38,685.03, for a total judgment of $470,191.64 against Defendants jointly and severally with interest at the legal rate thereon from the date of this judgment until paid; Defendants and their employees, agents, and all persons acting with them or on their behalf, are permanently enjoined. The Pretrial and Trial dates are hereby VACATED. (MD JS-6, Case Terminated). (jp)

1

JS-6

2
3

NOTE: CHANGES MADE BY THE COURT

4
5
6
7
8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10

CENTURY 21 REAL ESTATE, LLC, a ) CASE NO.
) 5:14-CV-1490-AB (JPRx)
Delaware Limited Liability Company,
)
) [PROPOSED] JUDGMENT
Plaintiff,
) AFTER GRANTING PLAINTIFF
) CENTURY 21 REAL ESTATE,
v.
) LLC’S MOTION FOR PARTIAL
DIVERSIFIED REAL ESTATE GROUP, ) SUMMARY JUDGMENT
) AGAINST DEFENDANTS LUIS
INC., a California corporation doing
business as CENTURY 21 EXCLUSIVE ) OLIVER AND DIVERSIFIED
) REAL ESTATE GROUP, INC.
PROPERTIES; LUIS OLIVER, an
) AND MOTION FOR DEFAULT
individual; and RAMIRO MEJIA, an
) JUDGMENT AGAINST
individual,
) DEFENDANT RAMIRO MEJIA
)
Defendants.
)
)
)

11
12
13
14
15
16
17
18
19
20
21

This Court, having granted Plaintiff CENTURY 21 REAL ESTATE, LLC’s

22

(“Century 21”) Motion for Partial Summary Judgment against Diversified Real

23

Estate Group, Inc. (“DRE Group”) and Luis Oliver (“Oliver”) and Plaintiff

24

Century 21’s Motion for Default Judgment against Ramiro Mejia (“Mejia”),

25

hereby orders that judgment be entered in favor of Plaintiff CENTURY 21 REAL

26

ESTATE, LLC and jointly and severally against Defendants DIVERSIFIED REAL

27

ESTATE GROUP, INC., LUIS OLIVER, and RAMIRO MEJIA (collectively,

28

DRE Group, Oliver, and Mejia are referred to as “Defendants”) as follows:
-1-

1097594/23751231v.1

[PROPOSED] JUDGMENT

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

1.

Judgment in favor of Plaintiff Century 21 and against Defendants

DRE Group, Oliver, and Mejia, jointly and severally as to Oliver and Mejia as the
personal guarantors of the contracts at issue, in the amount of $400,726.61, in
actual damages, plus treble damages for trademark infringement in the amount of
$30,780, plus attorneys’ fees and costs in the amount of $38,685.03, for a total
judgment of $470,191.64 against Defendants jointly and severally with interest at
the legal rate thereon from the date of this judgment until paid;
2.

Defendants and their employees, agents, and all persons acting with

them or on their behalf, are permanently enjoined from any further use of Century
21’s trademarks, in any format, including websites and over the internet, and
including any and all use of the Century 21 ® Marks, advertising as a Century 21
franchisee, and use of the Century 21 ® Marks system, including but not limited to
operating manuals, training manuals, sales manuals and aids, listing films and
books, advertising and promotional materials, and all technology products, and all
films, cassettes, and instructions manuals which are part of Century 21’s programs
that were delivered to Defendants DRE Group, Oliver, and Mejia pursuant to the
Franchise Agreement.
The Pretrial and Trial dates are hereby VACATED.
IT IS SO ORDERED.

20
21
22

DATED: June 15, 2015

_____________________________
The Honorable André Birotte Jr.
United States District Court Judge

23
24
25
26
27
28
1097594/23751231v.1

-2-

[PROPOSED] JUDGMENT