Opinion
No. C-02-3152EMC
December 5, 2003
JUDGMENT IN A CIVIL CASE
() Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.
(X) Decision by Court. This action came to trial or hearing before the Court. The issued have been tried or heard and a decision has been rendered.
IT IS SO ORDERED AND ADJUDGED pursuant to the Order Determining Damages on Default Judgment filed December 5, 2003, default judgement is entered against Defendant Totalaxcess in the amount of $628,203.77
ORDER DETERMINING DAMAGES ON DEFAULT JUDGMENT
In response to the Court's order of November 18, 2003, requesting Plaintiff Tele Danmark, USA, Inc, ("TDK") to submit further evidence in support of its request for damages, TDK submitted the supplemental declarations of Palle T. Nielson and Joon M. Khang. The Court reviewed the attached invoices. All of the invoices are directed to Justice Telecom, not Defendant Totalaxcess.com, Inc. ("Totalaxcess"). TDK's complaint, however, clearly alleges that Totalaxcess incurred successor liability when it purchased Justice Telecom on or about August 30, 2000. Compl. ¶¶ 9-11. Whether Totalaxcess was a successor in interest to Justice Telecom was clearly at issue in this litigation. Although Totalaxcess denied successor liability during the early stages of this litigation, it lost that defense when it filed its statement of non-opposition-to TDK's motion to strike the answer and enter default and motion for entry of default judgment. Moreover, TDK has submitted documentary evidence that supports its claim of successor liability.
The Court granted entry of a default judgment against Totalaxcess on October 17, 2003. It is well established that, upon entry of a default, the allegations of the complaint are taken as true, except those relating to the amount of damages. See Tele Video Systems, Inc. v. Heidenthal, 826 F.2d 915, 917 (9th Cir. 1987). Both TDK's complaint, taken as true, and other corroborating documentary evidence lead the Court to conclude that Totalaxcess is responsible for the debts of Justice Telecom. The Court finds that TDK has presented adequate evidence in its supplemental declarations proving up its damages in the amount of $628,203.77.
Accordingly, based on the Court's October 17, 2003, order granting entry of default judgment against Totalaxcess, TDK is entitled to entry of default judgment in the amount of $628,203.77.
IT IS SO ORDERED.