KKMI SAUSALITO, LLC v. The vessel "Self Inflicted"

I. BACKGROUND

25 Defendant Vessel is a steel-hulled recreational sailing vessel, approximately 48’ in length. 26 (Compl. ¶ 3.) On June 29, 2017, the Vessel’s owner, Daniel A. Morgan, entered into a Service 27 Agreement with Plaintiff for repair and hull maintenance work at Plaintiff’s Sausalito boatyard. (Compl. ¶ 5.) Between June 29, 2017 and November 12, 2018, the Vessel incurred repair charges for labor and parts in the amount of $15,748.13. (Compl. ¶ 6; Kaplan Decl. ¶ 6, Dkt. No. 24-1.) Payments of $6,590.00 were made, leaving a balance due of $9,158.13 as of November 12, 2018. (Compl. ¶ 6; Kaplan Decl. ¶ 6.) No further payments were made, despite demands from Plaintiff. (Compl. ¶ 7; Kaplan Decl. ¶ 7.) Pursuant to the Service Agreement, a vessel storage charge was applied at the usual and customary daily storage rate of $3.00 per foot of boat length, or $144.00 per day. (Compl. ¶ 7; Kaplan Decl. ¶ 7.) Between November 13, 2018 and May 22, 2019 – the date the complaint was verified by Plaintiff – the Vessel incurred daily storage charges of $144.00 for 191 days, for a total unpaid storage charge of $27,504.00. (Compl. ¶ 7;…