Allen Bernard Shay v. County of Los Angeles

I. INTRODUCTION AND BACKGROUND

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 Allen Bernard Shay alleged claims against defendants County of Los Angeles and Detective Christopher Derry (together, “defendants”) 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 §§ 36-57. Plaintiff's claims arose from alleged misconduct surrounding plaintiff's arrest in a real estate fraud case prosecuted in the Los Angeles County Superior Court. Plaintiffs claims in this case proceeded to trial where, after hearing the evidence, the jury returned a verdict for the defense. The Court entered a judgment reflecting this verdict on November 20, 2019. Dkt. 192. On April 8, 2021, plaintiff filed a motion to vacate the judgment pursuant to Federal Rule of Civil Procedure 60(d)(1) and (d)(3). Dkt. 205. The crux of plaintiff's argument was that a fraud had been perpetrated against the Court because, as plaintiff…