Gary S. Hann v. Wallace P. Pitchford

Good Law
United States District Court, Central District of CaliforniaAugust 21, 20245:23-cv-02381California376 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—

GENERAL

Case No. 5:23-cv-02381-SSS-SHKx Date August 21, 2024 Title Gary S. Hann v. Wallace P. Pitchford, et al.

Present: The Honorable SUNSHINE S. SYKES, UNITED STATES DISTRICT JUDGE

Irene Vazquez Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: (IN CHAMBERS) ORDERS TO SHOW CAUSE WHY

DEFENDANTS WALLACE P. PITCHFORD AND

PAMELA PALMIERI SHOULD NOT BE DISMISSED

On July 16, 2024, Plaintiff Gary S. Hann moved for entry of default judgment against Wallace P. Pitchford and numerous Doe defendants. [Dkt. 62]. In support of his motion, Hann offers a declaration in which he attests that “Wallace P. Pitchford died on 1/28/24.” [Id. at 5]. However, Hann cannot maintain claims against a dead person. LN Management, LLC v. JPMorgan Chase Bank, N.A., 957 F.3d 943, 954 (9th Cir. 2020) (“We therefore join our sister circuits in holding that a party cannot maintain a suit on behalf of, or again, or join, a dead person, or…

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