Randal Jerome Dalavai v. Donna Loza, et al.

Summary

The United States District Court for the Southern District of California denies Plaintiff Randal Jerome Dalavai's amended motion for reconsideration of the denial of his motion for default judgment. The court concludes that Plaintiff has not shown grounds for relief under Federal Rule of Civil Procedure 60(b), including because California Health and Safety Code section 1279.2 does not create a protected property or liberty interest supporting a due process claim.

Holdings

1. Plaintiff was not entitled to relief from the order denying default judgment because he did not establish mistake, inadvertence, surprise, excusable neglect, or another reason justifying relief under Rule 60(b).
2. California Health and Safety Code section 1279.2 does not, by its plain text, create a property or liberty interest sufficient to sustain Plaintiff's due process claim.

Questions Presented

1. Whether Plaintiff was entitled to relief under Rule 60(b)(1) or Rule 60(b)(6) based on an asserted mistaken factual premise in the order denying default judgment.
2. Whether California Health and Safety Code section 1279.2 creates a property or liberty interest protected by procedural due process.

Disposition

other