Streshly
Joe Hand Promotions, Inc. v. Streshly
Opinion
Opinion
Burns, J.
ORDER DENYING MOTION FOR DEFAULT JUDGMENT WITH LEAVE TO AMEND
“Shoot for the moon. Even if you miss, you’ll land among the stars.” So the banal saying goes, and while it may be a laudable approach to life, it’s an ill-advised strategy for obtaining a sizable judgment in this Court. Plaintiff asks for a default judgment to be entered in its favor for $100,875. That amount is manifestly excessive under existing law — and Plaintiff probably knows it. Plaintiffs motion for default judgment is therefore DENIED, but without prejudice and with leave to amend.
I. Statement of the Case
The Clerk entered default in this case on March 17, 2009. (Dkt. No. 7.) Now before the Court is Plaintiffs motion for default judgment against Scotsumy Corporation, the sole remaining Defendant. (Dkt. No. 8.)
Because default has been entered, the Court takes as true the factual allegations in Plaintiffs complaint. Those facts are straightforward. Plaintiff controlled the television distribution rights for Ultimate Fighting Championship 79, a pay-per-view mixed martial arts event that took place the night of December 29, 2007. Defendant operates a pizza parlor and bar in Oceanside, California that showed…