Judge: Armen Tamzarian, Case: 21STCV43011, Date: 2023-01-10 Tentative Ruling

Case Number: 21STCV43011    Hearing Date: January 10, 2023    Dept: 52

Order to Show Cause Re: Default Judgment

Plaintiff Cameron Moore requests default judgment against defendants Lost Lane, LLC and Zachery Bryan. 

Plaintiff fails to prove the damages he requests.  “Even when the allegations of a complaint do support the judgment a plaintiff seeks, he is not automatically entitled to entry of that judgment by the court, simply because the defendant defaulted.  Instead, it is incumbent upon the plaintiff to prove up his damages, with actual evidence.”  (Kim v. Westmoore Partners, Inc. (2011) 201 Cal. App. 4th 267, 272.)

Plaintiff seeks $252,000 in damages.  That amount includes $180,000 for his share of 1% of the profits from the movie “Warning,” which was released in 2021.  (Moore Decl., ¶ 12.)  For plaintiff’s 1% share to be worth $180,000, that means the movie had a net profit of $18 million.

Plaintiff provides the following evidence that his 1% share is worth $180,000: “Based on my knowledge and personal experience in the film industry, a reasonable and customary expected return on investment from the net profits of a similar film is $180,000.  Indeed, through my own experience and discussion with other film financiers, I understood that the film financing investments could be lucrative.  In my own experience, and experience from several insiders within the film financing industry, established that it was customary and very reasonable to anticipate a return of three times my investment.  Based on my investment of $60,000 it was anticipated that I would also net another $180,000 in profits.”  (Moore Decl., ¶ 13.)

That does not suffice as actual evidence proving up plaintiff’s damages.  Plaintiff does not explain any foundation for his “knowledge and personal experience in the film industry” or about the “other film financiers” or “insiders within the film financing industry.”  It is not plausible that investment in “a similar film” (or any type of investment) results in a “reasonable and customary expected return” of 300%.  Some investments—including feature films—make no profits.

Reliable evidence of the value of plaintiff’s 1% profit share should be based on how much the movie “Warning” cost to make and how much revenue it has earned. 

Plaintiff’s request for default judgment is denied without prejudice.