Bank of America, N.A. v. Village of Avellino Homeowners Association et al

Filing 39

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that 33 BANA's motion for default judgment be, and the same hereby is, GRANTED consistent with the foregoing. IT IS FURTHER ORDERED that BANA shall prepare and file an appropriate judgment for the court's signature consistent with the foregoing within fourteen (14) days of the entry of this order. Signed by Judge James C. Mahan on 2/26/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

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Case No. 2:16-CV-748 JCM (PAL)
Plaintiff(s),

ORDER

v.
VILLAGE OF AVELLINO HOMEOWNERS
ASSOCIATION, et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is plaintiff Bank of America, N.A.’s (“BANA”) motion for
default judgment. (ECF No. 33).
Obtaining a default judgment is a two-step process. Eitel v. McCool, 782 F.2d 1470, 1471
(9th Cir. 1986). First, “[w]hen a party against whom a judgment for affirmative relief is sought
has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the
clerk must enter the party’s default.” Fed. R. Civ. P. 55(a). Federal Rule of Civil Procedure
55(b)(2) provides that “a court may enter a default judgment after the party seeking default applies
to the clerk of the court as required by subsection (a) of this rule.”
The choice whether to enter a default judgment lies within the discretion of the court.
Aldabe v. Aldabe, 616 F.3d 1089, 1092 (9th Cir. 1980). In the determination of whether to grant
a default judgment, the court should consider the seven factors set forth in Eitel: (1) the possibility
of prejudice to plaintiff if default judgment is not entered; (2) the merits of the claims; (3) the
sufficiency of the complaint; (4) the amount of money at stake; (5) the possibility of a dispute
concerning material facts; (6) whether default was due to excusable neglect; and (7) the policy
favoring a decision on the merits. 782 F.2d at 1471–72. In applying the Eitel factors, “the factual

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allegations of the complaint, except those relating to the amount of damages, will be taken as true.”

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Geddes v. United Fin. Grp., 559 F.2d 557, 560 (9th Cir. 1977); see also Fed. R. Civ. P. 8(d).

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BANA filed a motion for entry of clerk’s default as to defendant Via Vinci Revocable Trust

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(“Via Vinci”). (ECF No. 22). On November 4, 2016, the clerk entered default as to Via Vinci.

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(ECF No. 23).

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In the instant motion, BANA seeks a default judgment that Via Vinci acquired its

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ownership in real property located at 1181 Via Vinci, Henderson, Nevada 89502 subject to the

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senior deed of trust recorded against the property on July 29, 2011. (ECF No. 33).

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After considering the foregoing, the court finds good cause to grant BANA’s motion for

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default judgment. All of the Eitel factors favor judgment in BANA’s favor. See Eitel, 782 F.2d

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at 1471–72. BANA will be prejudiced if default judgment is not entered, as it will be left without

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recourse to establish its superior claim to title. Further, there is little possibility of dispute

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concerning material facts, as all appearing defendants agree on the material facts and governing

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precedent. Moreover, BANA has properly complied with Rule 55, and Via Vinci has had ample

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opportunity to participate in the litigation. Therefore, the court will grant BANA’s motion for

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default judgment.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that BANA’s motion for

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default judgment (ECF No. 33) be, and the same hereby is, GRANTED consistent with the

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foregoing.

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IT IS FURTHER ORDERED that BANA shall prepare and file an appropriate judgment

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for the court’s signature consistent with the foregoing within fourteen (14) days of the entry of this

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order.

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DATED February 26, 2018.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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