Preview
Alexander T. Jones, SBN 266082
1 Jones & Devoy P.C.
649 Mission St. 5th Floor
2 San Francisco, CA 94105
Telephone: (415) 615-0879
3 Facsimile: (415) 974-6745
Email: ajones@jonesdevoy.com
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Attorney for Plaintiff
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN MATEO
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ROBERT M. LEE, Case No. 19-CIV-07263
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PLAINTIFF,
PLAINTIFF’S DEFAULT PROVE-UP
10 PACKAGE [CRC 3.1800]
v.
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JOHN DOE AKA “ROBERT LEE,”
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GODADDY.COM LCC, EPIK INC., ROB Date: November 15, 2022
MONSTER, and DOES 4 through 10 Time: 1:30 p.m.
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Department: 23
14 DEFENDANT
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17 In conjunction with Plaintiffs' Motion for Default Judgment against defendants ROB MONSTER and
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EPIK INC., Plaintiff submits the following materials in compliance with CRC 3.1800.
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(1) A brief summary of the case identifying the parties and the nature of plaintiff's claim:
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22 From 1995 to 2016 Plaintiff purchased and maintained the right to use the internet domain
23 name rle.com. From 1995 to 2016 Plaintiff maintained hosting services with Network
24 Solutions. In 2016 an unknown individual, JOHN DOE, impersonated Plaintiff, gained access
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to rle.com and then transferred it to GoDaddy.com. While plaintiff was in contact with
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1.
PROVE-UP PACKAGE
GoDaddy.com JOHN DOE again moved the domain name rle.com in November 2019 to be
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2 hosted by EPIK INC.
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EPIK INC. is a for profit corporation in the state of Washington. The corporation is owned
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and operated by ROB MONSTER. In December of 2019 Plaintiff contacted ROB MONSTER
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and demanded the domain name rle.com be returned to his possession. ROB MONSTER
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8 indicated that he believed Plaintiff that his domain was stolen. ROB MONSTER also
9 indicated that he and EPIK INC. had the ability to return the domain name to plaintiff.
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However, ROB MONSTER indicated that he and EPIK INC. would only return the domain to
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Plaintiff if he transferred all his other domain names to the care of EPIK INC. Plaintiff
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refused to entrust his remaining domain names to ROB MONSTER and EPIK INC. and so
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14 ROB MONSTER and EPIK INC refused to return the domain name rle.com to Plaintiff. EPIK
15 INC. has advertised the domain name for sale for $75,000. Witnesses Kimberley Cane and
16 James De Rin approached ROB MONSTER to try and purchase the domain, ROB MONSTER
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indicated that the purchase of the domain would cost “6 figures” or more. Plaintiff presents
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expert testimony by way of declaration with this package valuing the domain rle.com at
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$136,432. The domain rle.com remains in the custody and control of ROB MONSTER and
21 EPIK.COM.
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Plaintiff brought this action for recovery of the domain and damages stemming from
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Conversion, Impersonation and punitive damages thereon. Defendants ROB MONSTER and
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EPIK INC. were served the summons and complaint on July 6, 2021. On September 29, 2021
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27 the default of both Defendants was taken. Plaintiff now moves for default judgment.
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PROVE-UP PACKAGE
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2 (2) Declarations or other admissible evidence in support of the judgment requested:
3 Plaintiff will appear at the hearing to present live testimony of ROBERT LEE. In addition,
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Plaintiff submits the following declarations in support of his motion for default:
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a. The declaration of Plaintiff ROBERT LEE along with attached exhibits.
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b. The declaration of Kerrie Merrifield, CPA, ABV, CFF, MAFF with exhibits.
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8 c. The declaration of Kimberley Cane along with attached exhibits.
9 d. The declaration James De Rin along with attached exhibits.
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(3) Interest computations as necessary;
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Interest computations for the converted property are contained within the declaration of Kerrie
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14 Merrifield, CPA, ABV, CFF, MAFF
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16 (4) A memorandum of costs and disbursements;
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Plaintiff is not requesting costs.
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(5) A declaration of nonmilitary status for each defendant against whom judgment is sought:
21 A statement of nonmilitary status is contained in the Requests to Enter Defaults filed
22 September 29, 2021. Both are attached as Exhibit A
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(6) A proposed form of judgment:
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3.
PROVE-UP PACKAGE
Attached as Exhibits B and C are a true and correct copy of the two alternate proposed
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2 judgements sought. Exhibit B includes a turnover order of the domain while Exhibit C is
3 proposed judgment with money damages alone.
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(7) A dismissal against other defendants:
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8 Defendant GODADDY.com has been served and appeared so that Judgment against ROB
9 MONSTER and EPIK INC. only should be entered under Code of Civil Procedure § 579.
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(8) Exhibits:
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Each declaration in support of judgment has relevant exhibits attached. Further, attached as
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14 Exhibit D is a true and correct copy of the operative First Amended Complaint filed April 20,
15 2021. Attached as Exhibit E is a true and correct copy of the proofs of service of summons and
16 first amended complaint. Attached as Exhibit F is a true and correct copy of the statement of
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damages served on Defendants along with proofs of service.
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(9) A request for attorney fees if allowed by statute or by the agreement of the parties.
21 No request for attorney fees is being made by Plaintiff.
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Date: September 16, 2022
24 _______________________________
Alexander Jones
25 Attorney for Plaintiff
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PROVE-UP PACKAGE
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EXHIBIT A
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5.
PROVE-UP PACKAGE
CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
9/29/2021
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
STREET ADDRESS: 400 McAllister Street
MAILING ADDRESS:400 McAllister Street
San Francisco 94102
CITY AND ZIP CODE:
BRANCH NAME: Civic Center Courthouse
PLAINTIFF/PETITIONER: ROBERT M. LEE,
DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al
CASE NUMBER:
REQUEST FOR Entry of Default Clerk's Judgment
(Application) 19-CIV-07263
Court Judgment
1. TO THE CLERK: On the complaint or cross-complaint filed
a. on (date): April 20, 2021
b. by (name): ROBERT M. LEE
c. Enter default of defendant (names): EPIK INC.
d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names):
(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code
Civ. Proc., § 585(d).)
e.
(1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
415.46.
(2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
(3) for default previously entered on (date):
2. Judgment to be entered. Amount Credits acknowledged Balance
a. Demand of complaint ............ $ $ $
b. Statement of damages *
(1) Special .................... $ $ $
(2) General .................... $ $ $
c. Interest ....................... $ $ $
d. Costs (see reverse) . . . . . . . . . . . . . .
$ $ $
e. Attorney fees . . . . . . . . . . . . . . . . . . .
$ $ $
f. TOTALS ...................... $ $ $
g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):
(* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
3. (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on
the reverse (complete item 4).
Date: August 30, 2021
Alexander T. Jones
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
(1) X
Default entered as requested on (date):9/29/2021
(2) Default NOT entered as requested (state reason):
FOR COURT
USE ONLY Neal I. Taniguchi Clerk, by /s/ Marcela Enriquez , Deputy
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure,
CIV-100 [Rev. January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov
CIV-100
PLAINTIFF/PETITIONER: ROBERT M. LEE, CASE NUMBER:
DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al 19-CIV-07263
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant
or unlawful detainer assistant did did not for compensation give advice or assistance with this form.
(If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state):
c. Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date):
5. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
This action
a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):
b. mailed first-class, postage prepaid, in a sealed envelope address
(1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes):
EPIK INC.
3832 234th Avenue Southeast,
Sammamish, WA 98075
I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
a. $
b. $
c. Other (specify):....................... $
d. .................................... $
e. TOTAL ............................. $
f. Costs and disbursements are waived.
g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the
military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: August 30, 2021
Alexander T. Jones
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 2 of 2
Civ-100 [Rev. January 1, 2007]
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
ATTOMEY 0R PARTY WWI-DUI" ATTORhEY (Mm and Address) THEE-DIE FOR COURT USE ONLY
Alexander Jones SBN 266082 (41 5) 61 5-0879
JONES & DEVOY LLP
649 Mission Street, 5th Floor
San Francisco, CA 941 05
A1TOREY FOR Plaintiff
SUPERIOR COU RT 0F CALIFORNIA. COUNTY OF SAN MATEO - REDWOOD CITY
400 County Center
Redwood City, CA 94063
SI-DRT TITLE 0F CASE
ROBERT M. LEE v. JOHN DOE aka ROBERT LEE; ET A.
DATE TIE 053mm. CASE NUMER-
19-CIv-o7263
Proof of Service Ref. No. or Pie No:
Roam M LE
1.Atthe time ofservice lwas at least 18 years of age and nota partyto this action, and isewed copies of the:
NOTICE OF ENTRY OF DEFAULT (Application to enter default)
2. Party Served: EIK INC.
3. Address: 3832 234th Ave SE, Sammamish, WA 98075
On: 9/14/2021 At: 08:30 PM
4. Iserved the Partynamed in item 2. byserving:
ROB MONSTR
the registered agent for service of process.
5. Adeclaration of diligence and/or mailing is attached, ifapplicable.
Person attem pting service:
a. Name: Blaine H. Brumbaugh
b. Address: 507 Polk Street Suite 320, San Francisco, CA 941 02
c. Telephone number: 41 5-546-6000
d. The fee for this sem'ce was: 40.00
Ideclare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct.
Blaine H. Brumbaugh Date: 09/28/2021
Proof of Service Invoice f: 4945648-02
CIV-100
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
TELEPHONE NO.: FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
STREET ADDRESS: 400 McAllister Street 9/29/2021
MAILING ADDRESS:400 McAllister Street
San Francisco 94102
CITY AND ZIP CODE:
BRANCH NAME: Civic Center Courthouse
PLAINTIFF/PETITIONER: ROBERT M. LEE,
DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al
CASE NUMBER:
REQUEST FOR Entry of Default Clerk's Judgment
(Application) 19-CIV-07263
Court Judgment
1. TO THE CLERK: On the complaint or cross-complaint filed
a. on (date): April 20, 2021
b. by (name): ROBERT M. LEE
c. Enter default of defendant (names): ROB MONSTER
d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names):
(Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code
Civ. Proc., § 585(d).)
e.
(1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section
1174(c) does not apply. (Code Civ. Proc., § 1169.)
Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The
Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section
415.46.
(2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the
reverse (item 5).)
(3) for default previously entered on (date):
2. Judgment to be entered. Amount Credits acknowledged Balance
a. Demand of complaint ............ $ $ $
b. Statement of damages *
(1) Special .................... $ $ $
(2) General .................... $ $ $
c. Interest ....................... $ $ $
d. Costs (see reverse) . . . . . . . . . . . . . .
$ $ $
e. Attorney fees . . . . . . . . . . . . . . . . . . .
$ $ $
f. TOTALS ...................... $ $ $
g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date):
(* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.)
3. (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on
the reverse (complete item 4).
Date: August 30, 2021
Alexander T. Jones
(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF)
(1) X Default entered as requested on (date): 9/29/2021
(2) Default NOT entered as requested (state reason):
FOR COURT
USE ONLY Neal I. Taniguchi Clerk, by /s/Marcela Enriquez , Deputy
Page 1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure,
CIV-100 [Rev. January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov
CIV-100
PLAINTIFF/PETITIONER: ROBERT M. LEE, CASE NUMBER:
DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al 19-CIV-07263
4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant
or unlawful detainer assistant did did not for compensation give advice or assistance with this form.
(If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state):
c. Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date):
5. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)).
This action
a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act).
b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales
and Finance Act).
c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b).
6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was
a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names):
b. mailed first-class, postage prepaid, in a sealed envelope address
(1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes):
Rob Monster
3832 234th Avenue Southeast,
Sammamish, WA 98075
I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc.,
§ 1033.5):
a. $
b. $
c. Other (specify):....................... $
d. .................................... $
e. TOTAL ............................. $
f. Costs and disbursements are waived.
g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is
correct and these costs were necessarily incurred in this case.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the
military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: August 30, 2021
Alexander T. Jones
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 2 of 2
Civ-100 [Rev. January 1, 2007]
REQUEST FOR ENTRY OF DEFAULT
(Application to Enter Default)
ATTORNEY OR PARTY WITHOUT ATI'ORNH (Mm and Address) TEEN-IONE NUWR FOR COURT USE ONLY
Alexander Jones SBN 266082 (41 5) 61 5-0879
JONB & DEVOY LLP
649 Mission Street, 5th Hoor
San Francisco, CA 941 05
ATTORNEY FOR Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO - REDWOOD CITY
400 County Center
Redwood City, CA 94063
SHORT TITLE OF CASE
ROBERT M. LEE v. JOHN DOE aka ROBERT LEE; ETAL.
DATE TIVE Baa/DIV. CASE NUNBEt
1 9-CIV-0 7263
Proof of Service Ref. No. or File No:
ROBERT M. LE
1.At the time ofservice lwas atleast 18 years of age and nota partyto this action, and lserved copies ofthe:
NO11CE OF WRY OF DEFAULT (Application to enter default)
2. Party Served: ROB MONSTER -
3. Address: 3832 234th AveSE, Sammamish, WA 98075
On: SIM/2021 At: 08:30 PM
4.lsemd the Party named in item 2, by personal delhery
Person attempting service:
a. Name: Blaine H. Brumbaugh
b. Address: 507 Polk Street Suite 320, San Francisco, CA941 02
c. Telephone number: 41 5-546-6000
d. The fee for this service was:240.00
ldeclare under penalty of perjuryunder the laws ofthe State of California that the foregoing is true and correct
Blaine H. Brumbaugh Date: 09/28/2021
Proof of Service Invoice #2«45648-01
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EXHIBIT B
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6.
PROVE-UP PACKAGE
Alexander T. Jones, SBN 266082
1 Jones & Devoy P.C.
649 Mission St. 5th Floor
2 San Francisco, CA 94105
Telephone: (415) 615-0879
3 Facsimile: (415) 974-6745
Email: ajones@jonesdevoy.com
4
Attorney for Plaintiff
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN MATEO
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ROBERT M. LEE, Case No. 19-CIV-07263
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PLAINTIFF,
[PROPOSED] DEFAULT JUDGMENT
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v.
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JOHN DOE AKA “ROBERT LEE,”
GODADDY.COM LCC, EPIK INC., ROB
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MONSTER, and DOES 4 through 10
14 DEFENDANT
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17 The Court finds as follows:
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1. Defendant EPIK INC and ROB MONSTER (“DEFENDANTS”) were properly served with a
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copy of the summons and complaint on September 14, 2021.
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2. DEFENDANTS failed to answer the complaint or appear and defend the action within the time
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22 allowed by law.
23 3. DEFENDANTS’ default was entered by the clerk upon plaintiff’s application on September 29
24 2021.
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4. The court considered the declarations of Plaintiff, Kimberley Cane, James De Rin and Kerrie
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Merrifield CPA, ABV, CFF, MAFF submitted in support of entry of judgment.
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1.
JUDGMENT
5. Pursuant to the California Code of Civil Procedure § 579 good cause exists for the entry of
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2 more than one judgment in this action.
3 6. Court Judgment is hereby entered pursuant to Cal Cod Civ Proc § 585(b) in the amount of
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$350,000.
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7. In addition, DEFENDANTS are ordered to turn over control of the domain rle.com to
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ROBERT M. LEE of 176 Flying Cloud Isle, Forster City CA 94404, the original owner. The
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8 turnover order shall require EPIK INC and ROB MONSTER take all reasonable steps to return
9 the domain to rle.com to ROBERT M. LEE including but not limited to:
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a. Releasing any Lock, Registrar Lock or Client Transfer Prohibited Status on the domain
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rle.com.
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b. Providing Plaintiff with an authorization code, transfer code, or EPP code to transfer
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14 the domain rle.com to Robert M. Lee's so he may transfer the domain to the Internet
15 Service provider (ISP) of choice.
16 c. Take all other reasonable steps necessary to transfer the domain rle.com to Plaintiff
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Robert M. Lee who resides at 176 Flying Cloud Isle, Foster City, CA 94404.
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8. Judgment is for Plaintiff ROBERT M. LEE and shall be entered against each of EPIK INC and
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ROB MONSTER.
21 Date:
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_______________________________
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JUDGE OF THE SUPERIOR COURT
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JUDGMENT
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EXHIBIT C
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5.
JUDGMENT
Alexander T. Jones, SBN 266082
1 Jones & Devoy P.C.
649 Mission St. 5th Floor
2 San Francisco, CA 94105
Telephone: (415) 615-0879
3 Facsimile: (415) 974-6745
Email: ajones@jonesdevoy.com
4
Attorney for Plaintiff
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN MATEO
8
ROBERT M. LEE, Case No. 19-CIV-07263
9
PLAINTIFF,
[PROPOSED] DEFAULT JUDGMENT
10
v.
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JOHN DOE AKA “ROBERT LEE,”
GODADDY.COM LCC, EPIK INC., ROB
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MONSTER, and DOES 4 through 10
14 DEFENDANT
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17 The Court finds as follows:
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1. Defendant EPIK INC and ROB MONSTER (“DEFENDANTS”) were properly served with a
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copy of the summons and complaint on September 14, 2021.
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2. DEFENDANTS failed to answer the complaint or appear and defend the action within the time
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22 allowed by law.
23 3. DEFENDANTS’ default was entered by the clerk upon plaintiff’s application on September
24 29, 2021.
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4. The court considered the declarations of Plaintiff, Kimberley Cane, James De Rin and Kerrie
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Merrifield CPA, ABV, CFF, MAFF submitted in support of entry of judgment.
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1.
JUDGMENT
5. Pursuant to the California Code of Civil Procedure § 579 good cause exists for the entry of
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2 more than one judgment in this action.
3 6. Court Judgment is hereby entered pursuant to Cal Cod Civ Proc § 585(b) in the amount of
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$486,432.
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7. Judgment is for Plaintiff ROBERT M. LEE and shall be entered against each of EPIK INC and
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ROB MONSTER.
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8 Date:
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_______________________________
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JUDGE OF THE SUPERIOR COURT
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2.
JUDGMENT
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EXHIBIT D
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8.
PROVE-UP PACKAGE
Alexander T. Jones, SBN 266082
1 JONES & DEVOY P.C.
649 Mission Street, 5th Floor
2 San Francisco, CA 94105
Telephone: (415) 615-0879
3 Facsimile: (415) 974-6745
Email: ajones@jonesdevoy.com 4/20/2021
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Attorney for Plaintiff
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8 SUPERIOR COURT OF CALIFORNIA
9 SAN MATEO COUNTY
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UNLIMITED JURISDICTION
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ROBERT M. LEE, ) CASE NO. 19-CIV-07263
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) FIRST AMENDED COMPLAINT FOR:
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)
14 Plaintiff, ) 1) IMPERSONATION
v. ) 2) CONVERSION
15 ) 3) INJUNCTIVE RELIEF
JOHN DOE AKA “ROBERT LEE,” )
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GODADDY.COM LCC, EPIK INC., )
17 ROB MONSTER, and DOES 4 through 10 )
)
18 Defendants. )
) JURY TRIAL DEMANDED
19
20 Plaintiff ROBERT M. LEE (“Plaintiff”) submits this Complaint (the “Complaint”) against
21 Defendants, JOHN DOE A.K.A. “ROBERT LEE,” GODADDY.COM LCC, EPIK INC., and DOES 4
22 through 10 (“Defendants”).
23
24 NATURE OF THE ACTION
25 1. This is an action resulting from Defendant, JOHN DOE AKA “ROBERT LEE” impersonating
26 Plaintiff to acquire his internet domain name rle.com and subsequently transferring the domain
27 without Plaintiff’s consent. Rle.com was transferred to Defendants GODADDY.COM LCC,
28
29 1.
30 COMPLAINT FOR DAMAGES AND INJUNCTION
31
1 EPIK INC., and ROB MONSTER, each of whom failed to return the property after being
2 presented with a lawful demand by Plaintiff. This action has ensued.
3
THE PARTIES
4
5
2. At all times herein mentioned, Plaintiff, ROBERT M. LEE was a natural person and resident in
6
7
San Mateo County California.
8 3. Defendant JOHN DOE, AKA “ROBERT LEE,” ("Defendant") is sued herein under a fictitious
9 name because his tr
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Alexander T. Jones, SBN 266082 1 Jones & Devoy P.C. 649 Mission St. 5th Floor 2 San Francisco, CA 94105 Telephone: (415) 615-0879 3 Facsimile: (415) 974-6745 Email: ajones@jonesdevoy.com 4 Attorney for Plaintiff 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN MATEO 8 ROBERT M. LEE, Case No. 19-CIV-07263 9 PLAINTIFF, PLAINTIFF’S DEFAULT PROVE-UP 10 PACKAGE [CRC 3.1800] v. 11 JOHN DOE AKA “ROBERT LEE,” 12 GODADDY.COM LCC, EPIK INC., ROB Date: November 15, 2022 MONSTER, and DOES 4 through 10 Time: 1:30 p.m. 13 Department: 23 14 DEFENDANT 15 16 17 In conjunction with Plaintiffs' Motion for Default Judgment against defendants ROB MONSTER and 18 EPIK INC., Plaintiff submits the following materials in compliance with CRC 3.1800. 19 20 (1) A brief summary of the case identifying the parties and the nature of plaintiff's claim: 21 22 From 1995 to 2016 Plaintiff purchased and maintained the right to use the internet domain 23 name rle.com. From 1995 to 2016 Plaintiff maintained hosting services with Network 24 Solutions. In 2016 an unknown individual, JOHN DOE, impersonated Plaintiff, gained access 25 to rle.com and then transferred it to GoDaddy.com. While plaintiff was in contact with 26 27 1. PROVE-UP PACKAGE GoDaddy.com JOHN DOE again moved the domain name rle.com in November 2019 to be 1 2 hosted by EPIK INC. 3 4 EPIK INC. is a for profit corporation in the state of Washington. The corporation is owned 5 and operated by ROB MONSTER. In December of 2019 Plaintiff contacted ROB MONSTER 6 and demanded the domain name rle.com be returned to his possession. ROB MONSTER 7 8 indicated that he believed Plaintiff that his domain was stolen. ROB MONSTER also 9 indicated that he and EPIK INC. had the ability to return the domain name to plaintiff. 10 However, ROB MONSTER indicated that he and EPIK INC. would only return the domain to 11 Plaintiff if he transferred all his other domain names to the care of EPIK INC. Plaintiff 12 refused to entrust his remaining domain names to ROB MONSTER and EPIK INC. and so 13 14 ROB MONSTER and EPIK INC refused to return the domain name rle.com to Plaintiff. EPIK 15 INC. has advertised the domain name for sale for $75,000. Witnesses Kimberley Cane and 16 James De Rin approached ROB MONSTER to try and purchase the domain, ROB MONSTER 17 indicated that the purchase of the domain would cost “6 figures” or more. Plaintiff presents 18 expert testimony by way of declaration with this package valuing the domain rle.com at 19 20 $136,432. The domain rle.com remains in the custody and control of ROB MONSTER and 21 EPIK.COM. 22 23 Plaintiff brought this action for recovery of the domain and damages stemming from 24 Conversion, Impersonation and punitive damages thereon. Defendants ROB MONSTER and 25 EPIK INC. were served the summons and complaint on July 6, 2021. On September 29, 2021 26 27 the default of both Defendants was taken. Plaintiff now moves for default judgment. 2. PROVE-UP PACKAGE 1 2 (2) Declarations or other admissible evidence in support of the judgment requested: 3 Plaintiff will appear at the hearing to present live testimony of ROBERT LEE. In addition, 4 Plaintiff submits the following declarations in support of his motion for default: 5 a. The declaration of Plaintiff ROBERT LEE along with attached exhibits. 6 b. The declaration of Kerrie Merrifield, CPA, ABV, CFF, MAFF with exhibits. 7 8 c. The declaration of Kimberley Cane along with attached exhibits. 9 d. The declaration James De Rin along with attached exhibits. 10 11 (3) Interest computations as necessary; 12 Interest computations for the converted property are contained within the declaration of Kerrie 13 14 Merrifield, CPA, ABV, CFF, MAFF 15 16 (4) A memorandum of costs and disbursements; 17 Plaintiff is not requesting costs. 18 19 20 (5) A declaration of nonmilitary status for each defendant against whom judgment is sought: 21 A statement of nonmilitary status is contained in the Requests to Enter Defaults filed 22 September 29, 2021. Both are attached as Exhibit A 23 24 (6) A proposed form of judgment: 25 26 27 3. PROVE-UP PACKAGE Attached as Exhibits B and C are a true and correct copy of the two alternate proposed 1 2 judgements sought. Exhibit B includes a turnover order of the domain while Exhibit C is 3 proposed judgment with money damages alone. 4 5 6 (7) A dismissal against other defendants: 7 8 Defendant GODADDY.com has been served and appeared so that Judgment against ROB 9 MONSTER and EPIK INC. only should be entered under Code of Civil Procedure § 579. 10 11 (8) Exhibits: 12 Each declaration in support of judgment has relevant exhibits attached. Further, attached as 13 14 Exhibit D is a true and correct copy of the operative First Amended Complaint filed April 20, 15 2021. Attached as Exhibit E is a true and correct copy of the proofs of service of summons and 16 first amended complaint. Attached as Exhibit F is a true and correct copy of the statement of 17 damages served on Defendants along with proofs of service. 18 19 20 (9) A request for attorney fees if allowed by statute or by the agreement of the parties. 21 No request for attorney fees is being made by Plaintiff. 22 23 Date: September 16, 2022 24 _______________________________ Alexander Jones 25 Attorney for Plaintiff 26 27 4. PROVE-UP PACKAGE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT A 27 5. PROVE-UP PACKAGE CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): 9/29/2021 SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister Street MAILING ADDRESS:400 McAllister Street San Francisco 94102 CITY AND ZIP CODE: BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: ROBERT M. LEE, DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al CASE NUMBER: REQUEST FOR Entry of Default Clerk's Judgment (Application) 19-CIV-07263 Court Judgment 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): April 20, 2021 b. by (name): ROBERT M. LEE c. Enter default of defendant (names): EPIK INC. d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e. (1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.) Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint ............ $ $ $ b. Statement of damages * (1) Special .................... $ $ $ (2) General .................... $ $ $ c. Interest ....................... $ $ $ d. Costs (see reverse) . . . . . . . . . . . . . . $ $ $ e. Attorney fees . . . . . . . . . . . . . . . . . . . $ $ $ f. TOTALS ...................... $ $ $ g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 3. (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: August 30, 2021 Alexander T. Jones (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (1) X Default entered as requested on (date):9/29/2021 (2) Default NOT entered as requested (state reason): FOR COURT USE ONLY Neal I. Taniguchi Clerk, by /s/ Marcela Enriquez , Deputy Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure, CIV-100 [Rev. January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov CIV-100 PLAINTIFF/PETITIONER: ROBERT M. LEE, CASE NUMBER: DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al 19-CIV-07263 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant did did not for compensation give advice or assistance with this form. (If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state): c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)). This action a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. mailed first-class, postage prepaid, in a sealed envelope address (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): EPIK INC. 3832 234th Avenue Southeast, Sammamish, WA 98075 I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. $ b. $ c. Other (specify):....................... $ d. .................................... $ e. TOTAL ............................. $ f. Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: August 30, 2021 Alexander T. Jones (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 2 of 2 Civ-100 [Rev. January 1, 2007] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) ATTOMEY 0R PARTY WWI-DUI" ATTORhEY (Mm and Address) THEE-DIE FOR COURT USE ONLY Alexander Jones SBN 266082 (41 5) 61 5-0879 JONES & DEVOY LLP 649 Mission Street, 5th Floor San Francisco, CA 941 05 A1TOREY FOR Plaintiff SUPERIOR COU RT 0F CALIFORNIA. COUNTY OF SAN MATEO - REDWOOD CITY 400 County Center Redwood City, CA 94063 SI-DRT TITLE 0F CASE ROBERT M. LEE v. JOHN DOE aka ROBERT LEE; ET A. DATE TIE 053mm. CASE NUMER- 19-CIv-o7263 Proof of Service Ref. No. or Pie No: Roam M LE 1.Atthe time ofservice lwas at least 18 years of age and nota partyto this action, and isewed copies of the: NOTICE OF ENTRY OF DEFAULT (Application to enter default) 2. Party Served: EIK INC. 3. Address: 3832 234th Ave SE, Sammamish, WA 98075 On: 9/14/2021 At: 08:30 PM 4. Iserved the Partynamed in item 2. byserving: ROB MONSTR the registered agent for service of process. 5. Adeclaration of diligence and/or mailing is attached, ifapplicable. Person attem pting service: a. Name: Blaine H. Brumbaugh b. Address: 507 Polk Street Suite 320, San Francisco, CA 941 02 c. Telephone number: 41 5-546-6000 d. The fee for this sem'ce was: 40.00 Ideclare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Blaine H. Brumbaugh Date: 09/28/2021 Proof of Service Invoice f: 4945648-02 CIV-100 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister Street 9/29/2021 MAILING ADDRESS:400 McAllister Street San Francisco 94102 CITY AND ZIP CODE: BRANCH NAME: Civic Center Courthouse PLAINTIFF/PETITIONER: ROBERT M. LEE, DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al CASE NUMBER: REQUEST FOR Entry of Default Clerk's Judgment (Application) 19-CIV-07263 Court Judgment 1. TO THE CLERK: On the complaint or cross-complaint filed a. on (date): April 20, 2021 b. by (name): ROBERT M. LEE c. Enter default of defendant (names): ROB MONSTER d. I request a court judgment under Code of Civil Procedure sections 585(b), 585(c), 989, etc., against defendant (names): (Testimony required. Apply to the clerk for a hearing date, unless the court will enter a judgment on an affidavit under Code Civ. Proc., § 585(d).) e. (1) for restitution of the premises only and issue a writ of execution on the judgment. Code of Civil Procedure section 1174(c) does not apply. (Code Civ. Proc., § 1169.) Include in the judgment all tenants, subtenants, named claimants, and other occupants of the premises. The Prejudgment Claim of Right to Possession was served in compliance with Code of Civil Procedure section 415.46. (2) under Code of Civil Procedure section 585(a). (Complete the declaration under Code Civ. Proc., § 585.5 on the reverse (item 5).) (3) for default previously entered on (date): 2. Judgment to be entered. Amount Credits acknowledged Balance a. Demand of complaint ............ $ $ $ b. Statement of damages * (1) Special .................... $ $ $ (2) General .................... $ $ $ c. Interest ....................... $ $ $ d. Costs (see reverse) . . . . . . . . . . . . . . $ $ $ e. Attorney fees . . . . . . . . . . . . . . . . . . . $ $ $ f. TOTALS ...................... $ $ $ g. Daily damages were demanded in complaint at the rate of: $ per day beginning (date): (* Personal injury or wrongful death actions; Code Civ. Proc., § 425.11.) 3. (Check if filed in an unlawful detainer case) Legal document assistant or unlawful detainer assistant information is on the reverse (complete item 4). Date: August 30, 2021 Alexander T. Jones (TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (1) X Default entered as requested on (date): 9/29/2021 (2) Default NOT entered as requested (state reason): FOR COURT USE ONLY Neal I. Taniguchi Clerk, by /s/Marcela Enriquez , Deputy Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California REQUEST FOR ENTRY OF DEFAULT Code of Civil Procedure, CIV-100 [Rev. January 1, 2007] (Application to Enter Default) www.courtinfo.ca.gov CIV-100 PLAINTIFF/PETITIONER: ROBERT M. LEE, CASE NUMBER: DEFENDANT/RESPONDENT: JOHN DOE AKA “ROBERT LEE,” et al 19-CIV-07263 4. Legal document assistant or unlawful detainer assistant (Bus. & Prof. Code, § 6400 et seq.). A legal document assistant or unlawful detainer assistant did did not for compensation give advice or assistance with this form. (If declarant has received any help or advice for pay from a legal document assistant or unlawful detainer assistant, state): c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date): 5. Declaration under Code of Civil Procedure Section 585.5 (required for entry of default under Code Civ. Proc., § 585(a)). This action a. is is not on a contract or installment sale for goods or services subject to Civ. Code, § 1801 et seq. (Unruh Act). b. is is not on a conditional sales contract subject to Civ. Code, § 2981 et seq. (Rees-Levering Motor Vehicle Sales and Finance Act). c. is is not on an obligation for goods, services, loans, or extensions of credit subject to Code Civ. Proc., § 395(b). 6. Declaration of mailing (Code Civ. Proc., § 587). A copy of this Request for Entry of Default was a. not mailed to the following defendants, whose addresses are unknown to plaintiff or plaintiff's attorney (names): b. mailed first-class, postage prepaid, in a sealed envelope address (1) Mailed on (date): (2) To (specify names and addresses shown on the envelopes): Rob Monster 3832 234th Avenue Southeast, Sammamish, WA 98075 I declare under penalty of perjury under the laws of the State of California that the foregoing items 4, 5, and 6 are true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 7. Memorandum of costs (required if money judgment requested). Costs and disbursements are as follows (Code Civ. Proc., § 1033.5): a. $ b. $ c. Other (specify):....................... $ d. .................................... $ e. TOTAL ............................. $ f. Costs and disbursements are waived. g. I am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Declaration of nonmilitary status (required for a judgment). No defendant named in item 1c of the application is in the military service so as to be entitled to the benefits of the Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: August 30, 2021 Alexander T. Jones (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 2 of 2 Civ-100 [Rev. January 1, 2007] REQUEST FOR ENTRY OF DEFAULT (Application to Enter Default) ATTORNEY OR PARTY WITHOUT ATI'ORNH (Mm and Address) TEEN-IONE NUWR FOR COURT USE ONLY Alexander Jones SBN 266082 (41 5) 61 5-0879 JONB & DEVOY LLP 649 Mission Street, 5th Hoor San Francisco, CA 941 05 ATTORNEY FOR Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO - REDWOOD CITY 400 County Center Redwood City, CA 94063 SHORT TITLE OF CASE ROBERT M. LEE v. JOHN DOE aka ROBERT LEE; ETAL. DATE TIVE Baa/DIV. CASE NUNBEt 1 9-CIV-0 7263 Proof of Service Ref. No. or File No: ROBERT M. LE 1.At the time ofservice lwas atleast 18 years of age and nota partyto this action, and lserved copies ofthe: NO11CE OF WRY OF DEFAULT (Application to enter default) 2. Party Served: ROB MONSTER - 3. Address: 3832 234th AveSE, Sammamish, WA 98075 On: SIM/2021 At: 08:30 PM 4.lsemd the Party named in item 2, by personal delhery Person attempting service: a. Name: Blaine H. Brumbaugh b. Address: 507 Polk Street Suite 320, San Francisco, CA941 02 c. Telephone number: 41 5-546-6000 d. The fee for this service was:240.00 ldeclare under penalty of perjuryunder the laws ofthe State of California that the foregoing is true and correct Blaine H. Brumbaugh Date: 09/28/2021 Proof of Service Invoice #2«45648-01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT B 27 6. PROVE-UP PACKAGE Alexander T. Jones, SBN 266082 1 Jones & Devoy P.C. 649 Mission St. 5th Floor 2 San Francisco, CA 94105 Telephone: (415) 615-0879 3 Facsimile: (415) 974-6745 Email: ajones@jonesdevoy.com 4 Attorney for Plaintiff 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN MATEO 8 ROBERT M. LEE, Case No. 19-CIV-07263 9 PLAINTIFF, [PROPOSED] DEFAULT JUDGMENT 10 v. 11 12 JOHN DOE AKA “ROBERT LEE,” GODADDY.COM LCC, EPIK INC., ROB 13 MONSTER, and DOES 4 through 10 14 DEFENDANT 15 16 17 The Court finds as follows: 18 1. Defendant EPIK INC and ROB MONSTER (“DEFENDANTS”) were properly served with a 19 copy of the summons and complaint on September 14, 2021. 20 2. DEFENDANTS failed to answer the complaint or appear and defend the action within the time 21 22 allowed by law. 23 3. DEFENDANTS’ default was entered by the clerk upon plaintiff’s application on September 29 24 2021. 25 4. The court considered the declarations of Plaintiff, Kimberley Cane, James De Rin and Kerrie 26 Merrifield CPA, ABV, CFF, MAFF submitted in support of entry of judgment. 27 1. JUDGMENT 5. Pursuant to the California Code of Civil Procedure § 579 good cause exists for the entry of 1 2 more than one judgment in this action. 3 6. Court Judgment is hereby entered pursuant to Cal Cod Civ Proc § 585(b) in the amount of 4 $350,000. 5 7. In addition, DEFENDANTS are ordered to turn over control of the domain rle.com to 6 ROBERT M. LEE of 176 Flying Cloud Isle, Forster City CA 94404, the original owner. The 7 8 turnover order shall require EPIK INC and ROB MONSTER take all reasonable steps to return 9 the domain to rle.com to ROBERT M. LEE including but not limited to: 10 a. Releasing any Lock, Registrar Lock or Client Transfer Prohibited Status on the domain 11 rle.com. 12 b. Providing Plaintiff with an authorization code, transfer code, or EPP code to transfer 13 14 the domain rle.com to Robert M. Lee's so he may transfer the domain to the Internet 15 Service provider (ISP) of choice. 16 c. Take all other reasonable steps necessary to transfer the domain rle.com to Plaintiff 17 Robert M. Lee who resides at 176 Flying Cloud Isle, Foster City, CA 94404. 18 8. Judgment is for Plaintiff ROBERT M. LEE and shall be entered against each of EPIK INC and 19 20 ROB MONSTER. 21 Date: 22 _______________________________ 23 JUDGE OF THE SUPERIOR COURT 24 25 26 27 2. JUDGMENT 1 2 3 4 5 6 7 8 EXHIBIT C 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5. JUDGMENT Alexander T. Jones, SBN 266082 1 Jones & Devoy P.C. 649 Mission St. 5th Floor 2 San Francisco, CA 94105 Telephone: (415) 615-0879 3 Facsimile: (415) 974-6745 Email: ajones@jonesdevoy.com 4 Attorney for Plaintiff 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN MATEO 8 ROBERT M. LEE, Case No. 19-CIV-07263 9 PLAINTIFF, [PROPOSED] DEFAULT JUDGMENT 10 v. 11 12 JOHN DOE AKA “ROBERT LEE,” GODADDY.COM LCC, EPIK INC., ROB 13 MONSTER, and DOES 4 through 10 14 DEFENDANT 15 16 17 The Court finds as follows: 18 1. Defendant EPIK INC and ROB MONSTER (“DEFENDANTS”) were properly served with a 19 copy of the summons and complaint on September 14, 2021. 20 2. DEFENDANTS failed to answer the complaint or appear and defend the action within the time 21 22 allowed by law. 23 3. DEFENDANTS’ default was entered by the clerk upon plaintiff’s application on September 24 29, 2021. 25 4. The court considered the declarations of Plaintiff, Kimberley Cane, James De Rin and Kerrie 26 Merrifield CPA, ABV, CFF, MAFF submitted in support of entry of judgment. 27 1. JUDGMENT 5. Pursuant to the California Code of Civil Procedure § 579 good cause exists for the entry of 1 2 more than one judgment in this action. 3 6. Court Judgment is hereby entered pursuant to Cal Cod Civ Proc § 585(b) in the amount of 4 $486,432. 5 7. Judgment is for Plaintiff ROBERT M. LEE and shall be entered against each of EPIK INC and 6 ROB MONSTER. 7 8 Date: 9 _______________________________ 10 JUDGE OF THE SUPERIOR COURT 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2. JUDGMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 EXHIBIT D 27 8. PROVE-UP PACKAGE Alexander T. Jones, SBN 266082 1 JONES & DEVOY P.C. 649 Mission Street, 5th Floor 2 San Francisco, CA 94105 Telephone: (415) 615-0879 3 Facsimile: (415) 974-6745 Email: ajones@jonesdevoy.com 4/20/2021 4 Attorney for Plaintiff 5 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 SAN MATEO COUNTY 10 UNLIMITED JURISDICTION 11 ROBERT M. LEE, ) CASE NO. 19-CIV-07263 12 ) ) FIRST AMENDED COMPLAINT FOR: 13 ) 14 Plaintiff, ) 1) IMPERSONATION v. ) 2) CONVERSION 15 ) 3) INJUNCTIVE RELIEF JOHN DOE AKA “ROBERT LEE,” ) 16 GODADDY.COM LCC, EPIK INC., ) 17 ROB MONSTER, and DOES 4 through 10 ) ) 18 Defendants. ) ) JURY TRIAL DEMANDED 19 20 Plaintiff ROBERT M. LEE (“Plaintiff”) submits this Complaint (the “Complaint”) against 21 Defendants, JOHN DOE A.K.A. “ROBERT LEE,” GODADDY.COM LCC, EPIK INC., and DOES 4 22 through 10 (“Defendants”). 23 24 NATURE OF THE ACTION 25 1. This is an action resulting from Defendant, JOHN DOE AKA “ROBERT LEE” impersonating 26 Plaintiff to acquire his internet domain name rle.com and subsequently transferring the domain 27 without Plaintiff’s consent. Rle.com was transferred to Defendants GODADDY.COM LCC, 28 29 1. 30 COMPLAINT FOR DAMAGES AND INJUNCTION 31 1 EPIK INC., and ROB MONSTER, each of whom failed to return the property after being 2 presented with a lawful demand by Plaintiff. This action has ensued. 3 THE PARTIES 4 5 2. At all times herein mentioned, Plaintiff, ROBERT M. LEE was a natural person and resident in 6 7 San Mateo County California. 8 3. Defendant JOHN DOE, AKA “ROBERT LEE,” ("Defendant") is sued herein under a fictitious 9 name because his tr