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Robert Torres v. L.A. Private Trainers and Robin Del Pesco

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 26, 2012

ROBERT TORRES, PLAINTIFF,
v.
L.A. PRIVATE TRAINERS AND ROBIN DEL PESCO, DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER Re: Plaintiff's Application for Default Judgment [14]

Currently before the Court is Plaintiff Robert Torres's ("Plaintiff") Application for Default Judgment

[14]. On December 22, 2011, the Application was taken under submission [15]. The Court having reviewed all papers submitted pertaining to this Motion and having considered all arguments presented to the Court, NOW FINDS AND RULES AS FOLLOWS:

Plaintiff's Application for Default Judgment is hereby GRANTED. The Court finds that Plaintiff has satisfied all procedural requirements necessary under Local Rule 55-1 for entry of default judgment. Specifically, the Court finds that the clerk entered the default as to Defendant L.A. Private Trainers on October 11, 2011 and as to Defendant Robin Del Pesco (collectively "Defendants") on October 14, 2011; Defendants are not infants or incompetent persons or in military service or otherwise exempted under the Soldiers' and Sailors' Civil Relief Act of 1940; and Defendants did not appear in this action. Further, the Court finds that the substantive factors set forth in Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) weigh in favor of granting default judgment.

THEREFORE, IT IS ORDERED that:

Default judgment be entered against Defendants L.A. Private Trainers and Robin Del Pesco for damages in the amount of $10,308.05, attorney's fees in the amount of $1,218.48, and costs of suit in the amount of $448.65. Plaintiff is entitled to a total of $11,975.18, and Defendants are jointly and severally liable for this amount. This judgment shall bear interest at the judgment rate from the date of entry until paid.

IT IS SO ORDERED.

20120126

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