Xerox Corporation v. The Printing Press et al

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/9/12 RECOMMENDING that plaintiff's 11 motion for default judgment against defendants be granted in the amount of $142,253.03. Motion referred to Judge Lawrence K. Karlton. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 XEROX CORPORATION, Plaintiff, 11 12 13 No. CIV 12-164 LKK CKD vs. THE PRINTING PRESS, et al., Defendants. 14 FINDINGS & RECOMMENDATIONS / 15 16 Presently before the court is plaintiff’s motion for default judgment. This matter 17 is submitted without oral argument. The undersigned has fully considered the briefs and record 18 in this case and, for the reasons stated below, will recommend that plaintiff’s motion for default 19 judgment be granted. In this action, plaintiff seeks damages for breach of contract, money due on an 20 21 open book account, money due on an account stated, and replevin.1 Plaintiff’s claims arise out of 22 lease agreements for printers/copiers. The record reflects that defendants were properly served 23 with process on February 6, 2012 and default was entered on April 13, 2012. Plaintiff thereafter 24 filed an application for default judgment. Plaintiff seeks an entry of default judgment in the 25 1 26 The application for default judgment seeks only monetary damages. The claim for replevin is not addressed in plaintiff’s briefing. 1 1 amount of $142,253.03. Entry of default effects an admission of all well-pleaded allegations of the 2 3 complaint by the defaulted party. Geddes v. United Financial Group, 559 F.2d 557 (9th Cir. 4 1977). The court finds the well pleaded allegations of the complaint state a claim for which 5 relief can be granted. Anderson v. Air West, 542 F.2d 1090, 1093 (9th Cir. 1976). The 6 application for default judgment and the exhibits and affidavits attached thereto also support the 7 finding that plaintiff is entitled to the relief in the form of monetary damages requested in the 8 prayer for default judgment, which does not differ in kind from the relief requested in the 9 complaint. Henry v. Sneiders, 490 F.2d 315, 317 (9th Cir.), cert. denied, 419 U.S. 832 (1974). 10 The amount sought is supported by the affidavits submitted in support of the motion for default 11 judgment. Plaintiff also requests prejudgment interest, calculated under California law. Such 12 calculation is proper in that plaintiff has alleged state law claims upon which judgment may be 13 entered. See Oak Harbor Freight Lines, Inc. v. Sears Roebuck & Co., 513 F.3d 949, 961 (9th 14 Cir. 2007). Prejudgment interest should therefore be awarded. Plaintiff is also entitled to 15 attorneys fees under the lease agreements at issue here and the amount claimed is reasonable. 16 There are no policy considerations which preclude the entry of default judgment of the type 17 requested. See Eitel v. McCool, 782 F.2d 1470, 1471-1472 (9th Cir. 1986) (factors that may be 18 considered by the court are possibility of prejudice to the plaintiff, merits of plaintiff’s 19 substantive claim, sufficiency of the complaint, sum of money at stake in the action; possibility 20 of a dispute concerning material facts; whether the default was due to excusable neglect, and 21 strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits). For the foregoing reasons, IT IS HEREBY RECOMMENDED that plaintiff’s 22 23 motion for default judgment (dkt. no. 11) against defendants be granted in the amount of 24 $142,253.03. 25 ///// 26 ///// 2 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to this action, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 3 fourteen days after being served with these findings and recommendations, any party may file 4 written objections with the court and serve a copy on all parties. Such a document should be 5 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the 6 objections shall be served and filed within seven days after service of the objections. The parties 7 are advised that failure to file objections within the specified time may waive the right to appeal 8 the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 Dated: May 9, 2012 10 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 4 13 xerox.def 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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