Yoon Yoo v. Matthew Arnold

Good Law
615 F. App'x 868
United States Court of Appeals for the Ninth CircuitMay 29, 201513-55670California954 words

Opinion

Opinion

MEMORANDUM

Appellant Yoon Chul Yoo appeals from the district court’s denial of his motion to set aside default, and its entry of default judgment against him in favor of Appellees Matthew Arnold and Dark Hall Productions, LLC (“DHP”). Specifically, Yoo argues that the district court erred in determining that the default was due to Yoo’s own culpable conduct and in its award of damages upon entry of default judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not abuse its discretion in denying Yoo’s motion to set aside default. “A district court’s denial of a motion to set aside ... default ... is reviewed for abuse of discretion.” Brandt v. Am. Bankers Ins. Co. of Fla., 653 F.3d 1108, 1110 (9th Cir.2011). In evaluating such a motion, “a court must consider three factors: (1) whether the party seeking to. set aside the default engaged in culpable conduct that led to the default; (2) whether it had no meritorious defense; or (3) whether .reopening the default judgment would prejudice the other party.” United States v. Signed Pers. Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir.2010) (“Mesle ”) (internal quotations and…

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