Gould v. California Department of Corrections and Rehabilitation

Background

Steven Eric Gould filed the action without a lawyer under 42 U.S.C. § 1983, a federal law permitting claims against state actors for constitutional violations. He alleged that violations occurred at the Correctional Training Facility in Soledad, California, where he had previously been housed. The order addressed Gould’s request for judicial notice and for default judgment against ABC Ventures LLC.

Judicial Notice and Default Judgment

The court denied Gould’s request for judicial notice. Federal Rule of Evidence 201 allows a court to recognize an adjudicative fact only when it is not reasonably disputable. The court explained that Gould’s motion relied on numerous assertions and that issues such as whether ABC Ventures LLC had been properly served, whether it was in default, and whether it owed a specific amount were legal determinations rather than proper subjects for judicial notice.

The court also denied Gould’s request for a $1.2 million default judgment. Under Federal Rule of Civil Procedure 55(b), default judgment may be entered only against a defendant who has defaulted. The court stated that the clerk had not yet entered ABC Ventures LLC’s default.

Order to Show Cause

The materials attached to Gould’s motion included a waiver of reply and jury-trial demand from ABC Ventures LLC. The court noted that the document had not been filed and that it appeared ABC Ventures LLC had been properly served but had failed to defend the action. Under Rule 55(a), the clerk must enter default when a party seeking relief has failed to plead or otherwise defend and that failure is shown by affidavit or other evidence.

The court ordered ABC Ventures LLC to show cause within 28 days why default should not be entered for failure to defend. The order denied Gould’s request for judicial notice and for default judgment, and it terminated the motion addressed by the order.