Kensington Apartment Properties, LLC v. Loanvest IX, L.P.
- Vince Chhabria
- 3:19-cv-05749
- U.S. District Court · Northern District of California
- 2
In Kensington Apartment Properties v. Loanvest IX, Judge Chhabria conditionally granted defendants’ motion to set aside default, requiring $26,933 reimbursement.
The defendants’ default was set aside only on the condition that they reimburse Kensington Apartment Properties, LLC $26,933 by the court’s deadline; the plaintiff was awarded that reimbursement.
What happened
In Kensington Apartment Properties, LLC v. Loanvest IX, L.P., the defendants asked the court to set aside a default entered against them. The opinion does not describe the underlying dispute.
The court granted the motion conditionally. The defendants must promptly reimburse the plaintiff $26,933 for reasonable attorney’s fees and costs related to seeking a default judgment and responding to the motion, by noon on November 23, 2021.
Judge Vince Chhabria issued the order on November 18, 2021. The order does not state whether the defendants made the required payment or what would happen if they did not.
The detailed version
- Kensington Apartment Properties, LLC v. Loanvest IX, L.P. · No. 3:19-cv-05749
- Vince Chhabria
- Nov. 18, 2021
Background
The defendants moved to set aside the default. The opinion does not explain how the default occurred or describe the parties’ underlying claims.
Ruling
The court conditionally granted the defendants’ motion. It found that the plaintiff’s attorney’s fees and costs were reasonable. The plaintiff documented $25,133 incurred in pursuing a default judgment and responding to the motion. Plaintiff’s counsel also reported, at the hearing, an additional $1,800 for reviewing the defendants’ reply brief and preparing for the hearing. The court therefore required the defendants to reimburse the plaintiff a total of $26,933 as a condition of setting aside the default.
The defendants were required to pay by 12:00 p.m. on Tuesday, November 23, 2021. The order does not state whether payment was made or specify the result if payment was not made.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.