Malauulu

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JANET MALAUULU, as CASE NO. 18cv2595-LAB (AGS) representative for the Estate of Johnny Malauulu, ORDER DENYING PLAINTIFF’S

MOTION TO SET ASIDE

Plaintiff, JUDGMENT [Dkt. 25] vs. WAL-MART STORES, INC., et al.,

Defendants. On July 12, 2019, the Court granted summary judgment for Defendant Wal-Mart Stores, Inc. (“Wal-Mart”), finding that Plaintiff Janet Malauulu had no legal relationship with her deceased brother-in-law, Johnny Malauulu, whose estate is the real party in interest. Dkt. 23. It appeared to the Court that Plaintiff’s motivation for filing the action was, at least in part, the hope of tolling the soon-to-expire limitations period while she pursued standing. Id. at 4. The Ninth Circuit has rejected this practice, so the Court entered judgment in favor of Wal-Mart. Id. at 4-5 (citing U.S. for Use & Benefit of Wulff v. CMA, Inc., 890 F.2d 1070 (9th Cir. 1989)). Plaintiff was named special administrator of Mr.…