Desserts On Us, Inc. v. Kamflex Conveyor Corporation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DESSERTS ON US, INC., Case No. 19-cv-05944-VC
Plaintiff,
ORDER GRANTING MOTION FOR
v. DEFAULT JUDGMENT AS
MODIFIED
KAMFLEX CONVEYOR
CORPORATION, et al., Re: Dkt. No. 88 Defendants.
The majority of the Eitel factors support entry of default judgment in this case. Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986). After considering those factors and all the materials in the record, the Court has determined that Desserts on Us (Desserts) has established liability, damages of $437,186.82, and costs of $603.05. Desserts, however, has not met its burden of proving that $630,398.96 represents damages resulting from Kamflex’s conduct. That number reflects the price of “equipment purchased in anticipation of obtaining a mechanized cooking packaging system from someone before entering the contract with KAMFLEX.” Desserts made those purchases in May 2017 but didn’t contract with Kamflex until September 2017. Desserts claims that, “Because the KAMFLEX cookie packaging system never worked, DESSERTS was never able to use this equipment.” Nevertheless, Desserts has failed to…