Kensington Apartment Properties, LLC v. Loanvest IX, L.P.

N.D. California

Kensington Apartment Properties, LLC v. Loanvest IX, L.P.

District Court, N.D. California·Decided November 18, 2021·No. 3:19-cv-05749·Unknown

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KENSINGTON APARTMENT Case No. 19-cv-05749-VC PROPERTIES, LLC,

Plaintiff, ORDER GRANTING MOTION TO SET ASIDE DEFAULT v. Re: Dkt. No. 65 LOANVEST IX, L.P., et al., Defendants.

The defendants’ motion to set aside the default is conditionally granted. The plaintiff’s counsel has set forth a declaration accounting for attorney’s fees and costs the plaintiff incurred to pursue a default judgment and to respond to the defendant’s motion to set aside the default (Dkt. No. 75). Those fees and costs total $25,133, and they are reasonable. The plaintiff’s counsel further explained at the hearing to set aside the default that the plaintiff incurred an additional $1,800 in fees to review the defendants’ reply brief and to prepare for the hearing. This is also reasonable. District courts may “condition setting aside a default upon” a defendant’s reimbursement of attorney’s fees and costs. Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst v. Louisiana Hydrolec, 854 F.2d 1538, 1546–47 (9th Cir. 1988). As a result, the defendants’ motion to set aside the default is granted conditioned upon promptly reimbursing the plaintiff for its fees and costs totaling $26,933. The defendants must pay that amount no later than 12:00 p.m. on Tuesday, November 23, 2021. IT IS SO ORDERED. Dated: November 18, 2021 Lo. ae VINCE CHHABRIA United States District Judge

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KENSINGTON APARTMENT Case No. 19-cv-05749-VC PROPERTIES, LLC,

Plaintiff, ORDER GRANTING MOTION TO SET ASIDE DEFAULT v. Re: Dkt. No. 65 LOANVEST IX, L.P., et al., Defendants.

The defendants’ motion to set aside the default is conditionally granted. The plaintiff’s counsel has set forth a declaration accounting for attorney’s fees and costs the plaintiff incurred to pursue a default judgment and to respond to the defendant’s motion to set aside the default (Dkt. No. 75). Those fees and costs total $25,133, and they are reasonable. The plaintiff’s counsel further explained at the hearing to set aside the default that the plaintiff incurred an additional $1,800 in fees to review the defendants’ reply brief and to prepare for the hearing. This is also reasonable. District courts may “condition setting aside a default upon” a defendant’s reimbursement of attorney’s fees and costs. Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst v. Louisiana Hydrolec, 854 F.2d 1538, 1546–47 (9th Cir. 1988). As a result, the defendants’ motion to set aside the default is granted conditioned upon promptly reimbursing the plaintiff for its fees and costs totaling $26,933. The defendants must pay that amount no later than 12:00 p.m. on Tuesday, November 23, 2021. IT IS SO ORDERED. Dated: November 18, 2021 Lo. ae VINCE CHHABRIA United States District Judge

Kensington Apartment Properties, LLC v. Loanvest IX, L.P., (N.D. Cal. 2021).

Pincite

Kensington Apartment Properties, LLC v. Loanvest IX, L.P. (Kensington Apartment Properties, LLC v. Loanvest IX, L.P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related