Opinion
19-cv-05749-VC
11-18-2021
KENSINGTON APARTMENT PROPERTIES, LLC, Plaintiff, v. LOANVEST IX, L.P., et al., Defendants.
ORDER GRANTING MOTION TO SET ASIDE DEFAULT RE: DKT. NO. 65
VINCE CHHABRIA UNITED STATES DISTRICT JUDGE
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.