Vogel
American General Life Insurance Company v. Vogel
Opinion
Trial Court Opinion
I. INTRODUCTION
22 On August 24, 2022, Plaintiff American General Life Insurance Company (“Plaintiff”) filed a motion for leave to deposit funds into the registry of the Court pursuant to Fed. R. Civ. P. 67 (Doc. 45) and a motion for default judgment against Defendants Esperanza Vargas Vogel (“Defendant Vogel”) and Monico Rodriguez (“Defendant Rodriguez”), as Trustee of the Esperanza Vargas Special Needs Trust (collectively, “Defendants”), pursuant to Fed. R. Civ. P. 55(b)(2) (Doc. 46). No opposition to either motion has been filed. (See Docket.) For the reasons set forth below, the undersigned recommends that the motion for default judgment be granted, and the Court grants the motion for leave to deposit funds. The hearing on the motions, set for September 28, 2022, is vacated. See E.D. Cal. L.R. 230(g). II. FACTUAL BACKGROUND2 On May 12, 2021, Plaintiff filed this diversity action seeking a declaration pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., of the proper direction of payments due under an annuity contract. (Doc. 1 (Compl.).) Plaintiff filed an amended complaint on…