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BACKYARD WRESTLING, INC. v. PRO-ACTIVE ENTERTAINMENT GROUP, INC.

No. 09-55589.

BACKYARD WRESTLING, INC., a Delaware corporation, Plaintiff-Appellee, v. PRO-ACTIVE ENTERTAINMENT GROUP, INC., a California corporation; LEN LEVY, an individual; RICHARD MENDELSOHN, an individual, Defendants, and WENCESLADO HERRERA, AKA Wayne Herrera, DBA Distinctive Movie Network, DBA Movie Network, Inc., DBA Wayne Enterprises, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2010.

NOT FOR PUBLICATION

MEMORANDUM*

Defendant-Appellant ("Herrera") appeals from a judgment for the plaintiff, asserting two grounds for vacating the judgment: 1) Plaintiff-Appellee ("BWI") was a void Delaware corporation, thereby lacking the capacity to sue, and thus BWI did not satisfy the requirements for Article III standing; and 2) the district court made erroneous findings of fact at the prove-up hearing following a default...

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