JUDGMENT, AND DIRECTING THE CLERK
OF COURT TO CLOSE THE CASE
(Docs. 12, 17)
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possessing of the identified vehicles; and award monetary damages in the amount of $115,098.37, plus post-judgment interest. (Id. at 7-10.)
The magistrate judge found Plaintiff is also entitled to an award of attorney fees and costs. (Doc. 17 at 10-12.) The magistrate judge found the requested hourly rate of $325 was reasonable based upon the experience of counsel. (Id. at 10-11.) In addition, the magistrate judge observed:
"According to the declaration of Attorney Ito and the corresponding invoices for legal services, Attorney Ito expended a total of 11 hours of work and billed the Plaintiff $3,575.00 for attorney fees in relation to this matter through April 24, 2025." (Id. at 11.) The magistrate judge noted Mr. Ito also anticipated that it would "take at least 3 hours at a rate of $325" to complete the motion for default judgment, excluding any appearance at a hearing on the motion. (Id.) The magistrate judge recommended the anticipated time not be awarded, because there was "no evidence to support this estimate." (Id.) Finally, the magistrate judge also found costs in the amount of $805.18—which included the court filing fee and service of process—were reasonable and recommended the Court award the requested amount. (Id. at 12.) The Court served the Findings and Recommendations on Plaintiff, which served the document on Defendant and filed proof of service. (Doc. 18.) The Court notified the parties that any objections were due within 14 days. (Doc. 17 at 13.) The Court advised the parties that the
"failure to file objections within the specified time may result in the waiver of certain rights on appeal." (Id., citing Wilkerson v. Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).) No objections were filed, and the deadline for doing so has passed.
According to 28 U.S.C. § 636(b)(1), this Court performed a de novo review of this case. Having carefully reviewed the matter, the Court concludes the Findings and Recommendations
are supported by the record and proper analysis. Thus, the Court ORDERS:
1. The Findings and Recommendations issued June 13, 2025 (Doc. 17) are ADOPTED
in full.
2. Plaintiff's motion for default judgment (Doc. 12) is GRANTED in part.
3. Plaintiff is AWARDED monetary damages in the amount of $115,098.37.
4. Plaintiff is AWARDED interest at the contracted rates for the identified Agreements.
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5. Plaintiff's request for fees and costs is GRANTED, in the modified amount of $3,575.00 in attorney fees and $805.18 in costs, for a total of $4,380.18.
6. Plaintiff is AWARDED possession of the subject vehicles and Defendant SHALL
return and/or permit Plaintiff to take possession of the following:
a. 2022 Utility Refrigerated Vans 53' with 2022 Thermo King S600, Vehicle ID No. 3UTVS253XN8706203 and
b. 2023 Utility Refrigerated Vans 53' with 2022 Thermo King S600, Vehicle ID No.
1UYVS2532P2768318.
7. Upon recovery and sale of the vehicles in a commercially reasonable manner, Plaintiff
SHALL credit the net sale proceeds of the vehicle toward the monetary judgment awarded herein.
8. The Clerk of Court is directed to enter judgment in favor of Plaintiff and against Defendant, and to close this case.
IT IS SO ORDERED.
Dated: June 30, 2025