Bank Of America v Yakimenko

Filing 77

ORDER signed by Chief Judge Morrison C. England, Jr. on 1/26/2015 ORDERING the plaintiff to submit a supplemental briefing re 75 Application for Default Judgment within ten (10) days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BANK OF AMERICA, N.A., as
Successor by merger to LaSalle Bank
National Association, as trustee for the
Merrill Lynch First Franklin Mortgage
Loan Trust, Mortgage Loan AssetBacked Certificates, Series 2007-H-1
and as trustee for the Merrill Lynch
First Franklin Mortgage Loan,

ORDER

Plaintiffs,

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v.

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No. 2:09-cv-02865-MCE-AC

NIKOLAY YAKIMENKO, et al.,
Defendants.

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Presently before the Court is Plaintiff’s Application for Default Judgment (ECF No.

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75). The Court requires additional information prior to ruling on that Application.

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Accordingly, not later than ten (10) days following the date this Order is electronically

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filed, Plaintiff is required to submit supplemental briefing not to exceed five (5) pages on

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the following questions: (1) whether and how the operative complaint is actually verified;

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and (2) how the standard of review applicable to Plaintiff’s application for default

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judgment in this Court is affected by California Code of Civil Procedure 764.010 (“The

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court shall not enter judgment by default but shall in all cases require evidence of

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plaintiff's title and hear such evidence as may be offered respecting the claims of any of

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the defendants, other than claims the validity of which is admitted by the plaintiff in the

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complaint.”). See, e.g., Phelan v. Mecom Equipment, LLC, 2013 WL 1313960, at *4

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(E.D. Cal. 2013).
IT IS SO ORDERED.
Dated: January 26, 2015

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