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Ross Mcbride Dba No Friends Clothing v. Bruno Sebastiao Dba Cc Boardcenter

March 22, 2012

ROSS MCBRIDE DBA NO FRIENDS CLOTHING,
PLAINTIFF,
v.
BRUNO SEBASTIAO DBA CC BOARDCENTER;
BRUNO SEBASTIAO, AS AN INDIVIDUAL, DEFENDANTS.



The opinion of the court was delivered by: Hayes, Judge:

AMENDED ORDER

The matter before the Court is the Motion for Entry of Default Judgment against Defendants Bruno Sebastiao and Bruno Sebastiao dba CC Boardcenter (ECF No. 11) filed by Plaintiff Ross McBride dba No Friends Clothing.

I. Background

On September 28, 2010, Plaintiff Ross McBride dba No Friends Clothing initiated this action by filing the Complaint. (ECF No. 1). On January 3, 2011, Plaintiff filed a proof of service for Bruno Sebastiao and Bruno Sebastiao dba CC Boardcenter. (ECF No. 4). The proof of service states that service complied with U.S. law, international law, and the laws of Portugal. Id. at 1. Plaintiff submitted the declaration of Selwyn Berg, who completed service, which states that on December 9, 2011, Berg personally served Defendant Bruno Sebastiao and Bruno Sebastiao dba CC Boardcenter at the place of business. (ECF No. 4-1 at 3).

On June 2, 2011, Plaintiff filed a Request for Clerk's Entry of Default against Defendants Bruno Sebastiao and Bruno Sebastio dba CC Boardcenter. (ECF No. 6). Plaintiff submitted a proof of service stating that Bruno Sebastiao and Bruno Sebastio dba CC Boardcenter had been served in compliance with Portuguese law. (ECF No. 6-2 at 2). On June 9, 2011, the Clerk of the Court entered the default of Defendants Bruno Sebastiao and Bruno Sebastio dba CC Boardcenter. (ECF No. 8).

On January 26, 2012, Plaintiff filed a Motion for Entry of Default Judgment. (ECF No. 11). Plaintiff filed a certificate of service stating that Defendants Bruno Sebastiao and Bruno Sebastio dba CC Boardcenter had been served in compliance with Portuguese law. (ECF No. 11-2 at 1-2).

II. Allegations of the Complaint

On January 15, 2006, Plaintiff Ross McBride dba No Friends Clothing and Defendants Bruno Sebastiao and Bruno Sebastio dba CC Boardcenter entered into a "proposal by telecom to San Diego for an order of merchandise goods...." (ECF No. 1 at 2). "The written contract between [Plaintiff and Defendants is] for merchandise goods at a total firm price of 24,343.47 Euros...." Id. at 3. On March 1, 2006, Defendant Bruno Sebastiao "falsely informed [Plaintiff] that he had dispatched his first wire bank transfer to [Plaintiff]." Id. at 2. Plaintiff and Defendant entered into "specific final negotiations for assembly and shipment of an order of merchandise goods from San Diego, California to Lisbon, Portugal ...." Id. On March 10, 2006, Defendant Bruno Sebastiao "falsely informed [Plaintiff] that he had transmitted his second bank transfer to [Plaintiff] to induce [Plaintiff] to ship said merchandise goods intended for resale by [Defendants]." Id. The second bank transfer "was a forged copy of a bank wire transfer receipt executed by Defendant Bruno [Sebastiao] intended to deceive [Plaintiff] to have him ship [the] order as negotiated." Id. On March 31, 2006, Defendants accepted delivery of the merchandise.

In April of 2006, Plaintiff discovered that the bank wire transfers were not received by his bank. Plaintiff informed Defendant Bruno Sebastiao who "feigned surprise." Id. at 3. Defendant Bruno Sebastiao "falsely claimed the bank lost the money he sent but he would start making compensatory payments from current income which would start in October." Id. Plaintiff and Defendant modified the payment schedule to allow time for Defendant to satisfy his obligation. Plaintiff did not receive any payments from Defendants. "Defendant Bruno [Sebastiao] knew that [Plaintiff] had a start-up sponsored company and that [Defendant] could destroy Plaintiffs enterprise, but proceeded in his course of deceit in total disregard of the consequences to [Plaintiff]." Id.

In September of 2010, Plaintiff traveled to Portugal "for the express purpose of resolving the default of the unpaid 24,343.47 Euros ...." Id. at 4. "It [became] apparent ... that Defendant Bruno [Sebastiao never had] any intention of ever paying for said goods ...." Id.

Plaintiff attached a copy of the invoice contract, the shipping receipt, and the air freight to Portugal to the Complaint. Id. at 9-16.

Plaintiff asserts three claims as follows: (1) breach of contract; (2) fraud; and (3) wrongful enrichment. Plaintiff seeks damages in the amount of $31,089.05*fn1 and interest of 10% from November 1, 2006 to the date of judgment*fn2 , reimbursement of the cost of credit extended from the American bank to cover defaulted payments costs of $7,000, and reimbursement of Plaintiff's travel costs to Portugal of $2,900. For the fraud claim, Plaintiff seeks pain and suffering of $15,000 and exemplary damages of $20,000. For the wrongful enrichment claim, Plaintiff seeks disgorgement of unjust profits of $15,474.00.*fn3

III. Discussion

Plaintiff seeks default judgment against Defendants Bruno Sebastiao and Bruno Sebastio dba CC Boardcenter in the amount ...


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