Them
Them v. Mechanics Bank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSHUA THEM, CASE NO.: 23cv1193-BEN (DDL)
Plaintiff,
v. ORDER GRANTING MOTION
TO SET ASIDE CLERK’S ENTRY
MECHANICS BANK, OF DEFAULT
Defendant.
16 17 Defendant’s motion for relief from entry of default is now pending before the Court. Having carefully considered the briefing, Defendant’s motion is granted. I. BACKGROUND On June 28, 2023, Plaintiff filed his complaint alleging violations of the California Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code §§ 1788- 1778.32) and violations of the federal Telephone Consumer Protection Act (47 U.S.C. §227). A declaration of service of summons was filed October 20, 2023. Three days later, on October 23, 2023, Plaintiff moved for entry of default. The Clerk’s default was entered the following day on October 24, 2023. On 28 December 20,2023, Defendant filed its motion to set aside the default. Plaintiff has filed…