Michael Weiss v. Peggy Pei Lin

I. BACKGROUND

On August 21, 2020, Plaintiff filed a proof of service reflecting service on “Cecilia W Chao Realtor on behalf of Peggy Pei-Lin & Yi-Ming Su” on July 12, 2020. (Dkt. Nos. 13, 14.) On August 25, 2020, Plaintiff filed a “Notice of Return of Summons Undeliverable,” stating that the process server served an individual named “Peggy Pei Lin” on July 3, 2020 but that “[a]fter investigation it was determined that she was not the Peggy Pei Lin mentioned in the Complaint.” (Dkt. No. 16.) Plaintiff also attached a declaration from a process server to the Notice, who attested that he attempted to service Defendant Yi- Ming at an apartment in Alhambra, CA on May 30, May 31, June 2, June 4, June 9, and June 20, 2021 but “was unable to serve” Yi-Ming. (dd.)' Plaintiff filed a request for entry of default on September 9, 2020. (Dkt. No. 20.) On September 11, 2020, the clerk entered default as to Defendants Yi-Ming Su and Peggy Pei-Lin. (Dkt. No. 24.) On October 28, and November 2, 2020, the Court denied two ex parte applications for default judgment filed by Plaintiff because Plaintiff failed to demonstrate that the application was the proper subject of an ex parte…