Momentum Commercial Funding, LLC v. Project Storm

Opinion

MOMENTUM COMMERCIAL No. 2:21–cv–0981–KJM–KJN PS FUNDING, LLC, Plaintiff, (ECF Nos. 14, 20) v. PROJECT STORM, LLC; VICTOR D. Defendants. On July 19, 2022, the magistrate judge filed findings and recommendations (ECF No. 20), which were served on all parties who have appeared and which contained notice that any objections to the findings and recommendations were to be filed within fourteen (14) days.1 No objections were filed. The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law by the magistrate judge are reviewed de novo by both the district court and [the appellate] court ///// 1 Plaintiff was ordered to serve a copy of the findings and recommendations on defendants (who never filed an appearance in this action) at their last-known address. (ECF No. 20 at 18.) ....°). Having reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis. The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, ITIS HEREBY ORDERED that: 1. The findings and recommendations (ECF No. 20) are ADOPTED IN FULL; 2. Plaintiffs motion for default judgment (ECF No. 14) is GRANTED; 3. Judgment in the amount of $160,232.14 is hereby entered in favor of plaintiff and against defendants Project Storm, LLC, and Victor Carranza, jointly and severally; 4. Plaintiff shall apply the proceeds from the sale or other disposition of the subject Equipment to the above amount and submit a partial satisfaction of judgment, reducing the defendants’ indebtedness under the judgment; 5. Plaintiff is awarded attorneys’ fees and costs in the amount of $9,946.73, to be paid by defendants Project Storm, LLC, and Victor Carranza, jointly and severally; and 6. The Clerk of Court is directed to close this case. DATED: August 18, 2022.

CHIEF ED STATES DISTRICT JUDGE