Smart

Primerica Life Ins. Co. v. Smart

Good Law
United States District Court, Eastern District of CaliforniaSeptember 28, 20212:21-cv-00422California1,305 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PRIMERICA LIFE INSURANCE No. 2:21-cv-00422 KJM AC

COMPANY,

12 Plaintiff,1 ORDER v.

PERRY L. SMART; WANDA CLARK;

and MORGAN JONES FUNERAL

HOME, INC.,

16 Defendants. 17 18 Defendant Perry L. Smart has filed a motion for default judgment against her two co- defendants, Wanda Clark and Morgan Jones Funeral Home. ECF No. 21. The clerk of court entered default against Ms. Clark and the defendant funeral home. ECF Nos. 15, 18. Because moving defendant Smart seeks judgment in her favor awarding her the interpleader funds deposited in this case, and there is no complaint before the court alleging that she is entitled to such interpleader funds, the motion cannot be granted. I. Procedure for Default A party seeking default judgment must first request entry of default from the Clerk’s 27 Plaintiff has been terminated from this action, as reflected on the docket and explained below. The dispute before the court is among…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.