Arellano, Jr. v. San Diego, County of et al

Filing 175

ORDER Denying Motion for Default Judgment and Related Motions (ECF 145 , 154 , 156 ). The Clerk of Court shall provide Plaintiff with copies of the Court's orders docketed at ECF Nos. 145, 154, and 156, as well as a copy of the docket as of the date of this order. Signed by Judge Gonzalo P. Curiel on 2/27/20. (All non-registered users served via U.S. Mail Service including copies of Motions requested)(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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RAUL ARELLANO, JR.,
CDCR #AH-1995,

Case No. 3:14-CV-2404 JLS (KSC)
ORDER DENYING MOTION FOR
DEFAULT JUDGMENT AND
RELATED MOTIONS

Plaintiff,

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vs.

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Defendants.

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Before the Court is Plaintiff Raul Arellano, Jr.’s Motion for Default Judgment and

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[ECF Nos. 145, 154, 156]

COUNTY OF SAN DIEGO;
GUERRERO BAIL BOND; OFFICER
GUERRERO; VIOLENT CRIME TASK
FORCE,

related motions. ECF Nos. 145, 154, and 156. No oppositions or replies have been filed.
I.

Background
Plaintiff Raul Arellano, Jr., proceeding pro se, filed a civil rights complaint

(“Compl.”) pursuant to 42 U.S.C. § 1983 on October 8, 2014 arising out of Plaintiff’s
arrest occurring on November 7, 2010 in Tijuana, Mexico by a U.S. Marshal and
Mexican authorities. ECF No. 1. Plaintiff filed a first amended complaint on March 2,
2016 (ECF No. 27), naming as Defendants City of El Cajon, City of San Diego, County
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3:14-CV-2404 JLS (KSC)

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of San Diego, Guerrero Bail Bonds, Officer Henry L. Guerrero, San Diego Regional

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Fugitive Task Force; Jesus Guerrero, U.S. Marshal; P. Beal, Case Agent; the U.S.

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Marshall’s Office; and the United States. ECF No. 27 at 2-3. Plaintiff filed a proof of

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service as to all Defendants on April 19, 2016. ECF Nos. 31-39.

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The Court dismissed Defendant City of El Cajon with prejudice; dismissed

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Defendant County of San Diego and Defendant City of San Diego without prejudice; and

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granted Plaintiff leave to amend his complaint and file a second amended complaint by

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January 24, 2017. ECF No. 58. Plaintiff filed a second amended complaint on January

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26, 2017, naming the same defendants as he did in the first amended complaint. ECF No.

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62 (“SAC”). Plaintiff also filed a motion for reconsideration regarding Defendant City of

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El Cajon and the Court denied it on August 18, 2017. ECF No. 70. As such, Defendant

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City of El Cajon remains dismissed from this case.

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On August 27, 2019, Plaintiff filed a motion for default judgment against (1)

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Guerrero Bail Bonds; (2) Officer Guerrero; (3) San Diego Violent Crimes Task Force; (4)

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Jesus Guerrero; (5) P. Beal; (6) U.S. Marshall’s Office. ECF No. 145. Plaintiff filed

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proof of service as to these Defendants. Id. at 5-10. Plaintiff also requested a copy of

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this motion due to his lack of “access to law library to make copy’s [sic].” Id. at 1.

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Plaintiff filed on October 17, 2019 a motion “to know if default” was received (ECF No.

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154) and a motion to “address the default judgment towards Defendant ‘Fugitive Task

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Force’ before The Summary Judgment of Defendant City and County of San Diego” and

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to know “if Motion for Default was received in Court.” ECF No. 154. Plaintiff also

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requests a copy of the docket and motion. Id. On October 29, 2019, Plaintiff filed a

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motion asking the court to “First Address the Default Judgment Towards Defendant

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‘Fugitive Task Force’ before The Summary Judgment of Defendant City and County of

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San Diego” and “To Know if Motion for Default was received in Court.” ECF No. 156.

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II.

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Conclusion and Order
Federal Rule of Civil Procedure 55 states: “When a party against whom a judgment

for affirmative relief is sought has failed to plead or otherwise defend, and that failure is
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shown by affidavit or otherwise, the clerk must enter the party's default.” Fed. R. Civ. P.

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55(a). Plaintiff has not filed a request for entry of clerk default as is required by Fed. R.

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Civ. P. 55(a). On this basis, Plaintiff’s motion for default judgment is DENIED. Here,

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since Plaintiff’s claim is not for a “sum certain or a sum that can be made certain by

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computation,” the Plaintiff must therefore apply to the court for a default judgment. Id.

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Further, the Court notes that entry of default judgment prior to the resolution of the

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currently-pending motions for summary judgment by the County and City of San Diego

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(ECF Nos. 148, 149) would be inappropriate. In considering whether to enter a default

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judgment, the Court considers the possibility of dispute concerning material factors, in

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addition to the following: merits of plaintiff's substantive claim; sufficiency of complaint;

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sum of money at stake in action; possibility of prejudice to plaintiff; whether default was

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due to excusable neglect; and strong policy favoring decision on merits. See Eitel v.

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McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986). The liability of the San Diego City

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and San Diego County are highly likely to raise questions concerning material factors

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regarding the liability of the Defendants against whom Plaintiff seeks default.

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Plaintiff is directed to file a request that the clerk enter default judgment.

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Plaintiff’s requests for copies of the motions (ECF Nos. 145, 154, and 156) as well as a

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copy of the docket are GRANTED. The Clerk of Court shall provide Plaintiff with

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copies of the Court's orders docketed at ECF Nos. 145, 154, and 156, as well as a copy of

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the docket as of the date of this order.

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IT IS SO ORDERED.

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Dated: February 27, 2020

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