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Central Dist. L.R. 551 and L.R. 55-2 and F. R. Civ. P Rule 55(b), to render a
default judgment against Defendant Kim Richards.
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INTRODUCTION
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Plaintiff filed her Complaint in this matter on December 12, 2014 (Doc. 1).
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Plaintiff filed her First Amended Complaint on February 9, 2015 (Doc. 23).
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4.
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a.
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b.
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Code 3342);
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c.
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d.
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f.
g.
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h.
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5.
See infra.
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6.
Request for Entry of Default by Clerk against Defendant Kim Richards was
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7.
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Default by the Clerk as to Kim Richards was entered on April 1, 2015 (Doc.
51).
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8.
Plaintiff now asks the Court to render a default judgment pursuant FRCP
55(b); Central Dist. LR 55-1 and L.R. 55-2.
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ARGUMENT
A court may render default judgment against a party who has not filed a
responsive pleading or otherwise defended the suit. Fed. R. Civ. P. 55(a), (b)(2).
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This Court should render a default judgment against Defendant Richards because
Defendant Richards did not file a responsive pleading within 21 days after being
served with the Complaint. Fed. R.Civ. P. 12(a)(1)(A)(I). In compliance with F.
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damages claimed, pursuant L.R. 55-2,which provides that: If the amount claimed
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evidence punitive damages are warranted and that Defendant Richards is guilty of
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oppression, fraud2 or malice. Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 402
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[185 Cal.Rptr. 654, 650 P.2d 1171. Not only did Defendant Richards intentionally
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misrepresent to Plaintiff that the dog was sweet and cuddly and conceal from her
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that the dog was vicious and dangerous, Defendant Richards also had a conscious
disregard of the safety of Plaintiff after the attack. After the dog attacked Plaintiff
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The general rule of law is that upon default, the factual allegations of the complaint,
except those relating to the amount of damages, will be taken as true. Pope v. United
States, 323 U.S. 1, 12, 65 S.Ct. 16, 89 L.Ed. 3 (1944); Geddes v. United Fin. Grp., 559
F.2d 557, 560 (9th Cir. 1977). Rule 8, Fed. R. of Civ. Procedure.
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Fraud is one of the three "bad acts" that justifies an award of punitive damages under
California law. See Civ. C. 3294(b), (c)(3). In her FAC, Plaintiff averred Defendant
Richards committed Intentional Misrepresentation (Count 4) and Fraudulent
Concealment (Count 7) thereby causing injury to Plaintiff. Civ. C. 3294(c)(3).
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and while she was lying on the floor bleeding profusely, Defendant Richards
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begged Plaintiff not to call 911 and not to tell anyone about the attack. Defendant
Richards consciously disregarded the safely of Plaintiff because she was aware of
the probable dangerous consequences of her conduct in not calling for medical
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help, i.e., that Plaintiff would bleed to death. Hasson v. Ford Motor Co., supra, 32
Cal.3d at p. 402. Plaintiff knew she was bleeding profusely from the attack and
when Defendant begged her not to call for help, Plaintiff believed she would bleed
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investigate any other matter. FRCP 55. Pursuant L.R. 55-2, if the amount claimed
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Rozario, the FAC and Defendant Richards failure to answer or otherwise defend,
Plaintiff submits a hearing may not be necessary because the Court may find the
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judgment against Defendant Kim Richards for the sum of $1,050,000.00, plus
court costs and interest.
Dated this 21st day of April, 2015.
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Respectfully submitted,
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By:
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/s/Bill Zuhdi
Bill Zuhdi
The Zuhdi Law Firm
Bill@billzuhdi.com
Attorney for Plaintiff
CERTIFICATION OF SERVICE
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I certify that on April 21, 2015, I electronically filed the foregoing with the
Clerk of the United States District Court for the Central District of California using
the CM/ECF system, and that I mailed a copy of the foregoing to the Defendant by
United States mail, certified, return receipt requested and by first class mail as
follows:
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Kim Richards
3701 Loadstone Drive
Los Angeles, CA 91403
and via electronic means by email to Michael R. White
white@whitereed.com and Will Parsons at WParsons@shackelfordlaw.net.
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/s/Bill Zuhdi
Bill Zuhdi
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at