Local Rule 540: DEFAULT IN ACTIONS IN REM
E.D. Cal. — Civil rule
RULE 540 DEFAULT IN ACTIONS IN REM
(a) Notice Required. A party seeking a default judgment in an action in rem shall show to the satisfaction of the Court that due notice of the action and arrest of the property has been given:
(1) By publication, see L.R. 530;
(2) By personal service on the person having custody of the property;
(3) If the property is in the hands of a law enforcement officer, by personal service on the person having custody before its possession by law enforcement agency or officer; and
(4) By personal service or by certified mail, return receipt requested, to every other person who has not appeared in the action and is known to have an interest in the property; provided, however, that failure to give actual notice to such other person may be excused upon a satisfactory showing of diligent efforts to give such notice without success.
(b) Notice to Persons with Recorded Interests. In providing the notice required by the foregoing (a)(3), the plaintiff shall satisfy the following requirements, provided, however, that such satisfaction shall not limit the obligation to give notice to any other persons known to have an interest.
(1) If the defendant property is a vessel documented under the laws of the United States, the party must obtain a current certificate of ownership from the United States Coast Guard and give notice to all persons named therein.
(2) If the defendant property is a vessel with an identifying number, the party must obtain information from the issuing authority and give notice to the persons named in the records of such authority.
(3) If the defendant property is of such character that there exists a registry of recorded property interests and/or security interests in the property (whether governmental or private), the party must obtain information from each such registry and give notice to the persons named in the records of each such registry.
(c) Evidence of Search for Recorded Interests. As part of the motion for default judgment, the moving party shall provide to the Court a copy of the United States Coast Guard certificate of ownership, any numbering identification obtained from any issuing authority, and/or the information obtained from the private and/or governmental registries.
(d) Motion for Default Judgment. Upon a showing that no one has appeared to claim the property and give security, and that due notice of the action and arrest of the property has been given, a party may move for judgment at any time after the time for answer has expired. See L.R. 302(c)(19). If no one has appeared, the party may have an ex parte hearing before the Court and judgment without further notice. If any person has appeared and does not join in the motion for judgment, such person shall be given seven (7) days notice of the motion; provided, however, that the Court can extend or shorten the time of the required notice on good cause. See L.R. 144.