Kern Vineyards, Inc. v. AM Group, Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KERN VINEYARDS, INC., No.: 1:20-cv-0199 -NONE -JLT 11 Plaintiff, ORDER ADOPTING IN FULL THE FINDINGS AND RECOMMENDATIONS GRANTING v. PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT AM GROUP, INC., et al., (Docs. 25, 37) Defendants. 15

Plaintiff Kern Vineyards, Inc. asserts that it sold and shipped perishable commodities to Defendant AM Group, Inc. (AM Group), which failed to pay for the table grapes received. Plaintiff seeks to hold AM Group and its principal, Defendant Chris Kim (Kim), liable for breach of contract, violations of the Perishable Agricultural Commodity Act (PACA), 7 U.S.C. § 499e, breach of the fiduciary duty, unjust enrichment, and conversion. (Doc. No. 1.) Defendants failed to respond to the complaint, and plaintiff now seeks default judgment against AM Group and Mr. Kim. (Doc. No. 25.) The magistrate judge issued findings and recommendations to grant plaintiff’s…