Opinion
Civil Action No. 02CV1952-JAH(AJB).
September 23, 2005
Clyde C. Greco, Jr., Esquire, Peter J. Schulz, Esquire, Stephen F. Yurcich, Esquire, GRECO TRAFICANTE, SAN DIEGO, CALIFORNIA, Attorneys for Plaintiff THE SPORTS CAR COMPANY, INC.
JUDGMENT BY COURT AFTER DEFAULT UNDER F.R.C.P. RULE 55 (b) (2)
This cause came to be heard before the United States District Court for the Southern District of California on September 22, 2005, at 3:00 p.m. in the matter of the Sports Car Company, Inc. v. Carol Sherburne Dieck, et al.
Defendant Dieck having been properly served with process of the summons and complaint; and having failed to appear or answer the plaintiff's complaint filed herein, and the default of defendant Dieck having been duly served and entered, and evidence having been introduced to this court,
IT IS THEREFORE ORDERED, adjudged and decreed, that plaintiff, The Sports Car Company, Inc., recover from defendant Carol Sherburne Dieck, an individual, total judgment of $122,573.13 as follows:
1. General damages in the amount of $40,000.00;
2. Interest in the sum of $40,000 at the rate of ten (10%) percent per annum from the date of transaction being July 2002, to the date of July 2005 in the amount of $12,000.00, and increasing at the rate of eleven dollars ($11.00) a day until paid;
3. Lost profits in the amount of $60,000.00;
4. Attorneys fees in the amount of $9,261.00; and
5. Litigation costs in the amount of $1,312.13.
IT IS SO ORDERED.