Jorge Alejandro Rojas v. Bottom Line Concepts LLC
2:23-cv-02667
C.D. Cal.Apr 30, 2025Background
- Plaintiff alleged that he received 62 unsolicited telephone calls from Defendants between April and September 2023, which allegedly violated the Telephone Consumer Protection Act (TCPA).
- The Plaintiff claimed the calls were made by or at the direction of the Defendants and included pre-recorded messages.
- Plaintiff moved for default judgment after Defendants failed to respond or appear, except that one (Bykhovsky) previously appeared but did not answer.
- The Court found that procedural requirements for default judgment were satisfied under Federal and Local Rules.
- Plaintiff sought statutory and treble damages totaling $184,500, but the Court awarded only statutory damages ($500 per violation) for 123 total violations (both sections 227(b) and 227(c)), totaling $61,500.
- Judgment entered with joint and several liability and post-judgment interest per statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for TCPA violations | Defendants made/began 62 unsolicited calls using autodialer to numbers on Do Not Call Registry | Did not respond/defend | Plaintiff established TCPA violation |
| Individual liability of officers | Officers (Cuenza and Bykhovsky) directly participated in violations | Did not respond/defend | Direct participation alleged; liability attaches |
| Entitlement to treble damages | Violations were willful/knowing; fake names, prior cases | Did not respond/defend | Treble damages denied; only statutory awarded |
| Amount of judgment | Sought $184,500 statutory & treble damages (per call) | Did not respond/defend | $61,500 in statutory damages; no trebling |
Key Cases Cited
- Geddes v. United Fin. Grp., 559 F.2d 557 (9th Cir. 1977) (upon default, well-pleaded factual allegations are taken as true except damages)
- Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (articulates factors for deciding default judgment motions)
- Danning v. Lavine, 572 F.2d 1386 (9th Cir. 1978) (plaintiff must state a claim for which relief may be granted)
- Meyer v. Portfolio Recovery Assocs., LLC, 707 F.3d 1036 (9th Cir. 2012) (describes elements of TCPA claim)