United States v. Tasia Watson

MEMORANDUM

Appellant Tasia N. Watson appeals the district court’s September 26, 2011, oral ruling denying her motion to set aside a default judgment in the amount of $35,000 entered on May 2, 2011, against her pursuant to Federal Rule of Criminal Procedure 46(f). We review the district court’s decision for an abuse of discretion, and we affirm. United States v. Castaldo, 667 F.2d 20, 21 (9th Cir.1981).

Although Watson argues that the district court erred in failing to set aside the default judgment, she has offered no excuse for failing to respond to the government’s motion requesting judgment against her on the bond when the motion was brought. Cf. Franchise Holding II, LLC v. Huntington Rests. Grp., Inc., 375 F.3d 922 , 926 (9th Cir.2004) (defendant’s conduct is culpable if defendant has received actual or constructive notice of the filing of the action and failed to answer).

In addition, although couched as a motion to set aside a default judgment, what Watson is really doing is attempting to challenge the validity of the deed of trust that purports to secure the bond she posted. She argues that the deed of trust is invalid for various reasons, but those arguments are beside…