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Welcome Company, Ltd., A Taiwanese Company v. Ronghui Feng

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 8, 2010

WELCOME COMPANY, LTD., A TAIWANESE COMPANY, PLAINTIFF,
v.
RONGHUI FENG, PAM S. CHERVITZ, CHIMIN HSIAO, INNOVATIVE BARGAINS LLC, JEAN GRONINGA, ADAM SILVERS, ERIC J. GAUDET, CHIU Y. LAU, LILY XU, CLASSYJACS & E&J CRAFTS, WAREHOUSE4LESS, JED MART AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge

ORDER re: Plaintiff Welcome Company, Ltd.'s Request for Entry of Default [40]

On December 01, 2010, Plaintiff Welcome Company, LTD. filed a Request for Entry of Default against Defendant Chiu Y. Lau [40]. On December 02, 2010, the Clerk of the Court could not enter the requested relief and issued a Notice of Deficiency [41] regarding Plaintiff's Request for Entry of Default on the grounds that Defendant Chiu Y.

Lau had filed a Notice of Bankruptcy on August 24, 2010

[28]. Consequently, Plaintiff's Request for Entry of Default was forwarded and assigned to this Court for consideration. On December 02, 2010, Plaintiff's Counsel, Amy Lerner Hill, filed with this Court a Discharge of Debtor Notice, which states that as of October 08, 2010, Defendant Lau was discharged from bankruptcy. Accordingly, the Court can now properly consider Plaintiff's Request for Entry of Default against Defendant Chiu Y. Lau.

On December 03, 2010, Plaintiff's Counsel submitted to the Court additional information with regard to the service of the Summons and Complaint on Defendant Lau. Pursuant to Federal Rule of Civil Procedure §55(a), failure of a party against whom judgment for relief is sought to respond can be shown by affidavit. Here, Plaintiff submitted the Declaration of Amy Lerner Hill. In her declaration, Amy Lerner Hill declares that Defendant Lau's office manager at Defendant's place of business accepted Service of Process and that a copy of the Summons and Complaint was mailed to Defendant Lau by First Class Mail.

Pursuant to California Code of Procedure §415.20(a), a corporation may be served by leaving a copy of the summons and complaint with a person who is "apparently in charge" of the office, such as a receptionist or manager, and by thereafter mailing a copy of the summons and complaint to Defendant. Since both requirements are met here, as declared by Amy Lerner Hill, the Court will accept Plaintiff's Proof of Service as valid.

The Court finds from the records submitted that summons has been served upon Defendant Lau, and it further appearing from the affidavit of counsel for Plaintiff Welcome Company, LTD., and other evidence, that Defendant Lau has failed to plead or otherwise defend in this action as directed in the Summons and as provided in Rule 55 of the Federal Rules of Civil Procedure. Accordingly, Plaintiff's Request for Entry of Default as to Defendant Chiu Y. Lau is GRANTED.

IT IS SO ORDERED.

20101208

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