Fresh Start Advantage, Inc. v. Aggrigator, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
FRESH START ADVANTAGE, INC., Case No. 23-cv-02285-VC
Plaintiff,
ORDER GRANTING DEFAULT
v. JUDGMENT
AGGRIGATOR, INC., et al., Re: Dkt. No. 15 Defendants.
The motion for default judgment is granted. The Court has subject matter and personal jurisdiction over this case, the defendants were properly served, and Fresh Start has standing to sue. The Eital factors weigh in favor of default judgment: The complaint seems meritorious and adequately alleges a violation of the trust provision of the Perishable Agricultural Commodities Act. 7 U.S.C. § 499e. The sum of money at stake is meaningful but not enormous, and it is well supported by the record. A dispute over material facts is unlikely in light of the PACA license and invoices submitted. See Dkt. Nos. 15-3; 15-4. Even if the material facts could be disputed, since no answer has been filed, the allegations (other than those regarding damages) are taken as true in the absence of an answer. Board of Trustees of Bay Area Roofers Health & Welfare Trust Fund v. Fajardo, No. 19-cv-06586, 2020 WL 3396778, at *1 (N.D. Cal. June 19, 2020).…