Judge: Jon R. Takasugi, Case: 23STCP02715, Date: 2024-02-27 Tentative Ruling

Case Number: 23STCP02715    Hearing Date: April 15, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            After review, the Court has identified the following deficiencies with Plaintiff’s default judgment packet:

-          The agreement submitted to prove that the parties formed a media company is unsigned. As such, Plaintiff has not submitted evidence to show that the parties ever finalized the Company’s Operating Agreement.

Indeed, Plaintiff later states that the Operating Agreement was never executed. As such, it is entirely unclear on what basis Plaintiff contends she is entitled to recover here. Plaintiff must submit a summary of the case which sets out an entire factual history, comprehensive evidentiary support, and legal support. 

-          Plaintiff has not submitted any evidence to show that she was entitled to a 10% ownership stake in LLC and NFT assets.

-          Plaintiff has not submitted any evidence to show that the Company actually owned the Ape NFTs submitted. (See Exh. F.) An unauthenticated document list of assets with nothing more is insufficient to establish that these assets were owned by the Company (which, as mentioned, Plaintiff has not adequately established that she had any stake in to begin with)

-          Plaintiff claims that Mr. Costello altered the Management agreement but does not submit evidence to corroborate her claim that the parties agreed to her version of the document. Indeed, Plaintiff admits that the Operating Agreement wasn’t executed. Again, Plaintiff must clear up this uncertainty.

-          Plaintiff has not explained why she is entitled to recover these assets at their market high of April 2022, as opposed to their current value, or their value at the time of the alleged wrongdoing.

-          Plaintiff must submit paystubs and redacted bank records to corroborate her claims about what she was paid.

-          Plaintiff’s claim that “Mr. Govea valued MD to investors at least $5,000,000.00. Accordingly, my 10% share in MD is at least $500,000.00” is completed unsupported and without foundation.