Opinion

Roller v. County of San Diego

Court
District Court, S.D. California
Filed
Jun 22, 2022
Cited by
0 cases
Authority
More cited than 19.2%

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 ERIC ROLLER, Case No.: 22cv0696 DMS (BLM)

12 Plaintiff,

ORDER DENYING APPLICATION

13 v. FOR ENTRY OF DEFAULT

14 COUNTY OF SAN DIEGO,

15 Defendant.

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17 This case comes before the Court on Plaintiff’s application for entry of Defendant’s

18 default. Defendant filed an opposition to Plaintiff’s request, which states two copies of the

19 Summons and Complaint were delivered to the Clerk of the San Diego County Board of

20 Supervisors. The first was hand-delivered on May 19, 2022, followed by a copy delivered

21 by U.S. Mail and received on May 31, 2022. Apparently, the County did not deliver a copy

22 of the Summons and Complaint to County Counsel until May 31, 2022, and based on that

23 delivery date, County Counsel calendared its response date as June 21, 2022. However,

24 based on the hand-delivery date of May 19, 2022, the County should have filed its response

25 by June 9, 2022. There being no response by that date, Plaintiff filed the present request.

26 Although a default has not yet been entered, the Court looks to the factors that would

27 apply to a motion to set aside a default in deciding Plaintiff’s request. Those factors are

28 “‘(1) whether [the defendant] engaged in culpable conduct that led to the default; (2)

1 || whether [the defendant] had a meritorious defense; or (3) whether reopening the default

2 ||judgment would prejudice [the plaintiff].”” Franchise Holding II, LLC v. Huntington

3 || Restaurants Group, Inc., 375 F.3d 922, 925-26 (9th Cir. 2004) (quoting Am. Ass’n of

4 || Naturopathic Physicians v. Hayhurst, 227 F.3d 1104, 1008 (9th Cir. 2000)). Based on the

5 record presently before the Court, all of these factors would weigh in favor of setting aside

6 ||a default. Accordingly, Plaintiff's request for entry of default is respectfully denied.

7 IT IS SO ORDERED.

8 Dated: June 22, 2022 em Dh

9 an Yn.

10 Hon. Dana M. Sabraw, Chief Judge

United States District Court

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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