Gould v. California Department of Corrections and Rehabilitation

Background

Steven Eric Gould filed this action under 42 U.S.C. § 1983 concerning alleged constitutional violations at the Correctional Training Facility in Soledad, California. He proceeded without a lawyer. The pending matter was Gould’s renewed request for entry of default against ABC Ventures LLC. Entry of default is a formal court step that may follow when a properly served defendant fails to respond.

In an earlier order, the court had found the record unclear about whether ABC Ventures LLC had been properly served and denied Gould’s earlier request for default judgment. The court directed Gould either to explain how he had served ABC Ventures LLC or to provide enough information for the United States Marshal to complete service.

Gould’s arguments

Gould argued that default was appropriate because the summons had been returned executed, ABC Ventures LLC had filed a letter with the court, and the company had not answered within the time stated in the summons. The executed summons showed that the Marshal personally served Adam Clingerman, whom the Marshal identified as the owner of ABC Ventures LLC. The company’s letter showed that it received a copy of the complaint.

Court’s analysis

Federal Rule of Civil Procedure 4(h) requires service on a corporation or limited liability company in one of the specified ways, including delivery to an officer, managing or general agent, or another agent authorized to receive service. The court could not determine from the record whether Clingerman was an officer or an agent authorized to accept service. The executed summons therefore did not establish service complying with Rule 4(h). The company’s receipt of the complaint also did not itself establish proper service, and the response deadlines in the summons did not apply until proper service occurred.

The court further rejected Gould’s argument that default could be imposed through imputed or vicarious liability. The court stated that service had to comply with the Federal Rules of Civil Procedure.

Rulings

The court denied Gould’s request for entry of default against ABC Ventures LLC without prejudice to renewing the request after he effects service or demonstrates that service was already effected. The court denied as moot Gould’s request that ABC Ventures LLC be denied a certificate of appealability, explaining that no defendant had requested one and that such a certificate does not apply in civil-rights cases. The court also denied Gould’s request for the United States Marshal to serve ABC Ventures LLC with a copy of the renewed request, because serving that document would not itself complete service. The order terminated Docket No. 32.