Nelson Mandela's daughter plans to appeal a costly court ruling over plans for a Pacquiao-Mayweather fight that never happened.
The ruling follows a failed attempt by Mandela's daughter to organize a fight between the world's top two boxers, Manny Pacquiao and Floyd Mayweather, gossip website TMZ.com reports. The bout was supposed to coincide with Nelson Mandela's 93rd birthday bash in South Africa.
The fight fell through, and a boxing promoter sued Mandela's daughter, Zindziswa, for breach of contract. Among the promoter's claims: that Zindziswa promised him a 15% commission, and that Zindziswa failed to pay his expenses as promised -- including bills at a Los Angeles hotel where he was kicked out, the UK's The Week reports.
Despite the high-profile lawsuit over the Pacquiao-Mayweather fight, Zindziswa Mandela never responded. So a Los Angeles judge entered a default judgment against Mandela, ordering her to pay promoter Duane Moody more than $7.5 million, TMZ reports.
"It appears [Mandela] feels hiding in South Africa means she can avoid her obligations in the U.S.," Moody's lawyer told TMZ.
Not so, according to the law. In California, a court can enter a default judgment based solely on allegations in a plaintiff's lawsuit, if a defendant fails to respond within the allotted time. The plaintiff -- in this case, the boxing promoter -- can now legally take Mandela's money, wages, and property to pay off the judgment.
But a representative of Zindziswa Mandela tells TMZ her lawyers are planning to appeal. To do that, Mandela's lawyers must file a motion to vacate the default judgment, turn in supporting documents, and argue their case at a hearing.
A court can set aside a default judgment if the defendant has a good excuse, such as not receiving the summons to appear in court. A defendant can also try to use a defense, such as identity theft or an expired statute of limitations.
It's not clear what strategy Zindziswa Mandela's lawyers will try to pursue. Meantime, another Pacquiao-Mayweather fight has been tentatively scheduled for Las Vegas later this year. But it may also be delayed, as Mayweather is set to serve a 90-day jail sentence for domestic violence beginning Friday.
Related Resources:
- Nelson Mandela's Daughter Ordered to Pay $7.5 Million Over Ill-Fated Pacquiao Fight (FightNews.com)
- Floyd Mayweather Gets 90 Days in Jail for Domestic Violence (FindLaw's Tarnished Twenty)
- Unopposed Motion for Default Judgment Doesn't Guarantee a Win (FindLaw's California Case Law blog)
- Relief from Defaults (Sacramento County Public Law Library)
