Summary
The document contains Findings and Recommendations in an insurance subrogation action arising from the alleged theft of cargo by Godfather Express, Inc. The court recommends granting XL Specialty Insurance Company’s motion for default judgment after finding proper service, sufficient claims, and no excusable neglect. It recommends an award of $833,204.07 in damages and closure of the action.
Court
United States District Court for the Eastern District of California
Jurisdiction
United States District Court for the Eastern District of California
Decision date
November 20, 2025
Docket number
1:24-cv-01451-KES-BAM
Disposition
other
Questions Presented
- Whether Defendant was properly served so that the court could consider Plaintiff's motion for default judgment.
- Whether the Eitel factors favored entry of default judgment.
- Whether Plaintiff's well-pleaded allegations adequately stated claims for breach of contract, conversion, violation of California Civil Code section 2194, and bailment.
- Whether Plaintiff established entitlement to $833,204.07 in principal damages.
Holdings
- Defendant was properly served under Federal Rule of Civil Procedure 4(h) through substituted service complying with California law.
- The Eitel factors favored entry of default judgment against Defendant.
- The well-pleaded allegations adequately stated claims for breach of contract, conversion, violation of California Civil Code section 2194, and bailment.
- Plaintiff established entitlement to $833,204.07 in principal damages, representing the invoice value of the lost or stolen cargo.
Court Document
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