Hernandez

Hernandez v. Welcome Sacramento LLC

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20252:20-cv-02061California269 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Gerardo Hernandez, No. 2:20-cv-02061-KJM-JDP Plaintiff, ORDER v. Welcome Sacramento LLC, et al., 1S Defendants. 16 Plaintiff Gerardo Hernandez requests that “Direct Legal” be appointed to serve a writ of execution issued in this matter. See Request, ECF No. 57; Writ of Execution Issued, ECF No. 56. Under the Federal Rules of Civil Procedure, “[t]he procedure on execution—and in proceedings 20 supplementary to and in aid of judgment or execution—must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.” Fed. R. Civ. P.69(a). Under California law, “[a] registered process server may levy under a writ of execution” 23 on specific types of property. Cal. Civ. Proc. Code § 699.080(a). “Registered process servers 24 may be authorized and appointed under Rule 4.1 for this purpose.” First Midwest Equip. Fin. Co. 25 v. Aero…

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