G & G Closed Circuit Events, LLC v. Brews & Brats, Inc
- Susan Illston
- 3:22-cv-02714
- U.S. District Court · Northern District of California
- 5
In G & G Closed Circuit Events v. Omni Group Financial, Judge Illston granted default judgment and awarded $2,200 for unauthorized sports-program broadcasting.
G & G Closed Circuit Events, LLC received a $2,200 default judgment against the remaining defendants. The order imposed liability and damages without an opposing appearance from the defendants.
What happened
G & G Closed Circuit Events, LLC sued Omni Group Financial, Inc., Brews and Brats Inc., and several individuals, alleging that defendants showed a boxing program at Brews and Brats without a license. The defendants did not respond, and the clerk entered default against them.
The court granted G & G’s motion for default judgment. It awarded $1,000 in statutory damages under the Federal Communications Act and $1,200 for conversion, based on the value of the licensing fee. The court did not award the requested enhanced statutory damages because the record did not show that the violation was willful and intended to provide a commercial advantage or financial gain.
Judge Susan Illston issued the order on March 10, 2023. The judgment totaled $2,200, and the court also noted that G & G had voluntarily dismissed its claims against Filomeno Medina.
The detailed version
- G & G Closed Circuit Events, LLC v. Brews & Brats, Inc · No. 3:22-cv-02714
- Susan Illston
- Mar. 10, 2023
Background
G & G Closed Circuit Events, LLC alleged that it held exclusive nationwide commercial distribution rights for a boxing program. According to the complaint, defendants Brews and Brats Inc. doing business as Brews and Brats; Omni Group Financial, Inc. doing business as Brews and Brats; Filomeno Medina; Veronica Romero; and Julio Romero showed the program at the Brews and Brats establishment without a license.
A private investigator stated that he saw the program being shown on three televisions on May 8, 2021. The establishment had a capacity of 40 people, and the investigator reported that 29 to 32 people were inside, with approximately 15 guests outside. G & G sued under sections 553 and 605 of the Federal Communications Act, asserted conversion, and alleged a violation of California Business and Professions Code sections 17200 and following. G & G later voluntarily dismissed the complaint against Filomeno Medina. The clerk entered default against all defendants, and G & G moved for default judgment against the remaining defendants.
Default Judgment
The court applied the factors used to decide whether to enter default judgment, including prejudice to the plaintiff, the strength of the claims, the possibility of disputed facts, whether the failure to respond resulted from excusable neglect, and the policy favoring decisions on the merits. The court found that G & G would be prejudiced without a judgment, that G & G adequately pleaded a violation of section 605, and that the defendants had not responded. It concluded that default judgment was appropriate.
Damages
Under section 605, a court may award between $1,000 and $10,000 in statutory damages for each violation and may increase the award by up to $100,000 if the violation was committed willfully for commercial advantage or private financial gain.
G & G requested $3,600 in statutory damages, $18,000 in enhanced statutory damages, and $1,200 for conversion. The court awarded $1,000 in statutory damages. It declined to award enhanced statutory damages because the record did not show that defendants acted willfully for commercial advantage or private financial gain. The court noted the absence of evidence that defendants were repeat offenders, charged a cover fee, advertised the broadcast, or increased food prices, as well as the lack of specific evidence showing increased profits.
The court also found that G & G established conversion. Conversion is the wrongful interference with another party’s ownership or right to possess property. The court concluded that G & G had shown the required ownership or right to possession, wrongful disposition, and damages, and awarded $1,200 for conversion.
Disposition
The court granted G & G’s motion for default judgment and awarded $2,200 in damages: $1,000 in statutory damages and $1,200 for conversion. The order did not award the requested enhanced statutory damages.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.