Schmalle
Schmalle v. Prudhomme
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 JORAL SCHMALLE, et al., Case No.: 18-cv-02469 W (MDD)
Plaintiffs,
ORDER
v. (1) GRANTING DEFENDANT J6
DEVELOPMENT, LLC’S MOTION
PATRICIA PRUDHOMME, as
TO SET ASIDE DEFAULT [DOC. 6]
Representative of ESTATE OF GUY AND PRUDHOMME, et al., (2) QUASHING SUMMONS 18 Defendants. 19 20 Pending before the Court is Defendant J6 Development, LLC’s motion to set aside default and dismiss the complaint for, among other reasons, insufficient service of process under Federal Rule of Civil Procedure 12(b)(5). Plaintiffs oppose. The Court decides the matters on the papers submitted and without oral argument under Civil Local Rule 7.1(d)(1). For the reasons stated below, the Court GRANTS Defendant’s motion to set aside the default [Doc. 6], but ORDERS the summons quashed. 28 I. BACKGROUND On July 23, 2018, Plaintiffs Joral Schmalle, Loren Schmalle, Marla Schmalle, and JLM Funding, LLC…