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ACI Licensing, LLC v. CR Licensing LLC, 2:17-CV-7480-RGK-GJS. (2018)

Court: District Court, C.D. California Number: infdco20180214a98 Visitors: 1
Filed: Feb. 12, 2018
Latest Update: Feb. 12, 2018
Summary: [PROPOSED] JUDGMENT R. GARY KLAUSNER , District Judge . WHEREAS, on October 12, 2017, plaintiff ACI Licensing, LLC's ("Plaintiff") filed a complaint in this Court against defendant CR Licensing LLC ("Defendant") asserting claims for breach of contract, declaratory judgment, and anticipatory breach of contract; WHEREAS, on October 16, 2017, Plaintiff served its complaint and summons, and other related documents, on Defendant, and filed proof of the same with the Court on October 23, 2017
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[PROPOSED] JUDGMENT

WHEREAS, on October 12, 2017, plaintiff ACI Licensing, LLC's ("Plaintiff") filed a complaint in this Court against defendant CR Licensing LLC ("Defendant") asserting claims for breach of contract, declaratory judgment, and anticipatory breach of contract;

WHEREAS, on October 16, 2017, Plaintiff served its complaint and summons, and other related documents, on Defendant, and filed proof of the same with the Court on October 23, 2017;

WHEREAS, on November 8, 2017, Plaintiff filed a request for entry of default in light of Defendant's failure to timely appear or file a timely response to the complaint, and served the same on Defendant at its business address by U.S. mail;

WHEREAS, on November 13, 2017, the clerk of the Court entered default against Defendant;

WHEREAS, on December 14, 2017, Plaintiff filed a motion for entry of default judgment by the Court against Defendant on its claims for breach of contract and declaratory judgment and for an award of attorneys' fees ("Motion for Default"), and served the same on Defendant at its business address by U.S. mail;

WHEREAS, on January, 17, 2018, the Court took Plaintiff's Motion for Default under submission and off of its motion calendar; and

WHEREAS, on February 7, 2018, the Court issued its order on Plaintiff's Motion for Default, granting Plaintiff's Motion as to its claims for breach of contract damages and declaratory judgment and granting in part Plaintiff's motion for attorneys' fees;

The Court hereby enters judgment as follows:

IT IS HEREBY ORDERED that judgment is entered for Plaintiff and against Defendant;

IT IS HEREBY FURTHER ORDERED that Defendant is ordered to pay Plaintiff the sum of $292,958.71, which amount consists of Plaintiff's damages from Defendant's breach of contract ($277,481.53), prejudgment interest earned thereon ($6,203.48), and Plaintiff's attorneys' fees ($9,273.70);

IT IS HEREBY FURTHER DECLARED that (i) Section 8.b. of the Plaintiff's and Defendant's Licensing Representation Agreement signed November 27, 2007 applies to any extension and/or renewal of each and every license agreement Plaintiff brokered or procured on behalf of Defendant, regardless of the form of said extension or renewal, including Defendant allowing for the expiration or termination of an agreement solely for the purpose of entering into a "new" agreement with the applicable licensee, and (ii) the applicable rate of compensation due Plaintiff as of this date for Defendant's license agreements with Simplicity Pattern Co. Inc., dated August 15, 2008, and TJX Companies, Inc., dated February 27, 2009, is 25% commission on royalties and 20% on all design fees paid to Defendant.

IT IS SO ORDERED.

Source:  Leagle

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