Fling Enterprise Prevost LLC v. Premium Coach Group LLC, 2:24-cv-01289

Fling Enterprise Prevost, LLC (plaintiff), a Montana LLC, owned a Prevost RV it wished to sell and engaged Premium Coach Group, LLC (PCG) as a broker.
The parties entered into a Dealer Consignment Agreement; a buyer was found, and the RV sold for $285,000.
Proceeds of the sale were received by PCG, but before remitting them to the plaintiff, PCG's creditors seized the funds.
PCG did not disclose its financial difficulties or the existence of such creditors to the plaintiff before or during the transaction.
Plaintiff sued to recover the sale proceeds, asserting, among other claims, breach of contract; PCG failed to appear, and the clerk entered default.
Plaintiff moved for default judgment; this opinion addresses that motion as to the breach of contract claim only.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Default judgment on breach of contract	PCG had a contract to remit sale proceeds and failed to do so, causing damages.	No appearance or argument.	Motion for default judgment on breach of contract granted.
Potential prejudice to plaintiff	Without judgment, plaintiff has no recourse for recovery.		Plaintiff would be prejudiced absent default judgment.
Amount at stake and sufficiency	Damages are specific, fully substantiated by documents/testimony.		Sums sought are appropriate, documented, and tailored.
Excusable neglect	PCG was served and aware of the proceedings/debt, not excusable.		Default not due to excusable neglect.

Aldabe v. Aldabe, 616 F.2d 1089 (9th Cir. 1980) (court’s discretion to enter default judgment)
Fair Housing of Marin v. Combs, 285 F.3d 899 (9th Cir. 2002) (no requirement for detailed factual findings in default judgment)
Geddes v. United Fin. Group, 559 F.2d 557 (9th Cir. 1977) (damages must be established on default)
Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (articulates factors for granting default judgment)