Deutsche Bank National Trust Company v. CB Equities, LLC,

Filing 24

ORDER requiring Supplemental Briefing re 11 MOTION for Default Judgment. Plaintiff shall file supplemental briefing by 9:00 a.m. on 12/08/2015. Any opposition or statement of non-opposition is due no later than December 9, 2015. Signed by Judge Donna M. Ryu on 12/4/2015. (dmrlc3, COURT STAFF) (Filed on 12/4/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY,
Plaintiff,

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CB EQUITIES, LLC, et al.,

Re: Dkt. No. 11

Defendants.

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United States District Court
Northern District of California

ORDER TO SUBMIT SUPPLEMENTAL
BRIEFING IN SUPPORT OF MOTION
FOR DEFAULT JUDGMENT

v.

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Case No. 15-cv-03809-DMR

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On September 28, 2015, Plaintiff Deutsche Bank National Trust Company filed a motion

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for default judgment. [Docket No. 11.] Having reviewed that motion, this court determines that

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Plaintiff did not brief its entitlement to the entry of default judgment pursuant to the factors

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enumerated in the Ninth Circuit’s decision in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir.

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1986).

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Plaintiff did not adequately brief the issue of the adequacy of service on Defendant under

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the applicable state or federal rules. See In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999) (before

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assessing merits of motion for default judgment, court must confirm that it has subject matter

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jurisdiction over case and personal jurisdiction over parties, as well as ensure adequacy of service

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on defendant). Plaintiff states that Defendants CBE and ABE were served by personal service

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pursuant to Federal Rule of Civil Procedure 4. There are several methods for service for a

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corporation under Rule 4. See Fed. R. Civ. P. 4(h)(1)(A) (authorizing service of process in the

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manner prescribed by Rule 4(e)(1) for serving and individual); Fed. R. Civ. P. 4(h)(1)(B) (service

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may be made by delivering a copy of the summons and of the complaint to an officer, a managing

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or general agent, or any other agent authorized by appointment or by law to receive service of

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process and—if the agent is one authorized by statute and the statute so requires—by also mailing

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a copy of each to the defendant).

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Plaintiff does not establish that it has met the requirements for proper service under the

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relevant provisions. Plaintiff has provided proofs of service that it personally served Rose Garcia

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on behalf of CB Equities, LLC and that it personally served Jeff Dudwoire on behalf of American

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Brokers Conduit Corporation. However, Plaintiff has not provided any evidence that the

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individuals served were proper agents to receive service on behalf of the Defendants.

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Plaintiff seeks punitive and exemplary damages on its fraud claim and damages related to

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its claim for slander of title. In order to recover damages after securing a default judgment, a

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plaintiff must prove the relief it seeks by submitting proper evidence by way of a sworn affidavit.

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Bd. of Trs. of the Boilermaker Vacation Trust v. Skelly, Inc., 389 F. Supp. 2d 1222, 1226 (N.D.
Cal. 2005); see Pepsico, Inc. v. Cal. Sec. Cans, 238 F. Supp. 2d 1172, 1175 (C.D. Cal. 2002)

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United States District Court
Northern District of California

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(citing Televideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987)).

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Plaintiff shall submit additional briefing by 9:00 a.m. on December 8, 2015, to address the

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above deficiencies in the motion for default judgment. Any opposition or statement of non-

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opposition is due no later than December 9, 2015.

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Immediately upon receipt of this Order, Plaintiff shall serve Defendants with a copy
of this Order and file a proof of service with the court.

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IT IS SO ORDERED.
Dated: December 4, 2015
______________________________________
Donna M. Ryu
United States Magistrate Judge

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