Sanchez
Sanchez v. Garcia
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAVIER OLIVER SANCHEZ, No. 2:23-cv-1192 KJM DB Plaintiff, v. ORDER
SEBASTIAN GARCIA,
Defendant. 16 On December 19, 2023, plaintiff filed a motion for default judgment. (ECF No. 14.) The motion is noticed for hearing before the undersigned on February 2, 2024, pursuant to Local Rule 302(c)(19). (ECF No. 16.) On December 20, 2023, plaintiff filed a request to appear at the hearing via Zoom. (ECF No. 15.) Granting or denying default judgment is within the court’s sound discretion. Draper v. Coombs, 792 F.2d 915, 924-25 (9th Cir. 1986); Aldabe v. Aldabe, 616 F.2d. 1089, 1092 (9th Cir. 1980). The court is free to consider a variety of factors in exercising its discretion. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Among the factors that may be considered by the court are (1) the possibility of prejudice to the plaintiff, (2) the merits of plaintiff’s substantive claim, (3) the sufficiency of the…