Allen Bernard Shay v. County of Los Angeles

I. INTRODUCTION AND BACKGROUND

Before the Court is plaintiff Allen Bernard Shay’s motion to vacate the judgment entered against him. Dkt. 205 (“Mot.”). Defendants County of Los Angeles and Detective Christopher Derry (together, “defendants”) oppose. Dkt. 206 (“Opp.”). Plaintiff has not filed a reply. The facts of this case are well-known to the parties, and the Court will only set forth those relevant to the instant motion. Plaintiff filed the complaint in this case on June 17, 2015. Dkt. 1. The operative Second Amended Complaint, filed November 4, 2015, alleged claims for violations of plaintiffs civil rights under 42 U.S.C. § 1983 and California’s Bane Civil Rights Act, Cal. Civ. Code § 52.1, as well as false imprisonment against Derry. Dkt. 24 (“SAC”) 36-57. The claims arose from alleged misconduct surrounding plaintiffs arrest in a real estate fraud case prosecuted in the Los Angeles County Superior Court (“Superior Court case”). Relevant here, the district attorney in the Superior Court case filed a “1275 hold motion,” which is an ex parte motion requesting that no bail funds be accepted on a defendant’s behalf until a hearing is held to…