(PS) Dayton v. Fairfield Mobile Home and Rv Park LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD RANDOLPH DAYTON, No. 2:24-cv-00850-DJC-SCR Plaintiff, v. FINDINGS AND RECOMMENDATIONS FAIRFIELD MOBILE HOME and RV PARK, LLC, et al., 15 Defendants. 16 Plaintiff proceeds pro se in this matter, which is referred to the undersigned pursuant to Local Rule 302(c)(21). Before the Court are Defendant Thomas Ferrara’s Motion to Dismiss (ECF Nos. 9, 14, 17)1 and Plaintiff’s Motion for Default Judgment (ECF No. 18). The Court recommends that the Motion to Dismiss be GRANTED and Plaintiff be granted leave to amend his claims against Ferrara, and that the Motion for Default Judgment be DENIED. I. Background and Procedural History Plaintiff filed his Complaint pro se on March 19, 2024, and also filed a motion for a temporary restraining order (“TRO”) (ECF No. 2). The TRO motion sought to enjoin the enforcement of the Solano County Superior Court’s unlawful detainer judgment against Plaintiff.

1 The court will discuss the Motion…