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Q: Evidence after Filing a Default ( No Answer,   0 Comments )
Subject: Evidence after Filing a Default
Category: Relationships and Society > Law
Asked by: coderoyal-ga
List Price: $20.00
Posted: 13 Jul 2006 15:29 PDT
Expires: 12 Aug 2006 15:29 PDT
Question ID: 746082
In regards to California Law:

When a default is filed. Does this mean that for the purposes of seeking a
default judgement, that my claim in the complaint is deemed ADMITTED?
What impact does this have on the rules of evidence? With the facts
presumed ADMITTED
(if it is), Can I just submit my evidence for the default hearing (I
haven't filed for Default Judgement just yet, just a Default) as is,
without the foundational testimony (affidavit) normally required for
business records to be used as evidence?

To provide a background, this is a cybersquatting case. The defendant
has registered the name of a 12 year old actress that I work with and
run a website for, in violation of CBPC 17525. The defendant has not
answered the complaint. Also, the defendant has changed the WHOIS
record for the website recently to a fake address, probably to hide
the fact that he owns it.

There is evidence, and past arbitration decisions showing he has
registered the names of hundreds of other people in the past with the
bad faith intent to profit.

Plaintiff has a website that connects to a work of authorship about
the actress, and has contract permitting use of the domain name, which
the defandant has cybersquatted and tried to sell to Plaintiff.

The remedies asked for are:

1. That the court finds that the defendant registered the names in
violation of the statute, and did so willingly.
2. Monetary relief for the costs of the suit.
3. Punitive damages in $5,000 for malice. (clear history of violating
the right of publicy of hundreds of other people)
4. Order the domain be transferred to the plaintiff.
There is no answer at this time.

There are no comments at this time.

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