Sovereign Capital Resources, LLC v. Armstrong Square Ltd. Partnership

MEMORANDUM **

Appellants Armstrong Square Limited Partnership, Pamela Gleichman, et al. ap *336 peal the entry of default judgment and the subsequent denial of their motions to set aside the entry of default and the default judgment itself. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm the district court’s ruling.

Because the parties are familiar with the facts, we will not recount them in detail except as necessary.

“[A] trial court has the discretion to deny a Rule 60(b) motion to vacate a default judgment if (1) the plaintiff would be prejudiced if the judgment is set aside, (2) defendant has no meritorious defense, or (3) the defendant’s culpable conduct led to the default. This tripartite test is disjunctive.” Hammer v. Drago (In re Hammer), 940 F.2d 524, 525-26 (9th Cir.1991) (internal citations omitted). This means that the district court may deny the motion if any one of the three factors is true. American Ass’n of Naturopathic Physicians v. Hayhurst, 227 F.3d 1104, 1108 (9th Cir.2000). The burden is on the movants to show that these circumstances are met. TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691 , 696 (9th Cir.2001) (citing Cassidy v.…