Michelle La Nette Nunley v. City of Los Angeles

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a denial of a Rule 4(a)(6) motion may not be based upon the concept of “excusable neglect”
• following Avolio to hold that “denial of relief cannot rest on a party’s failure to learn independently of the judgment”
• following Avolio to hold that “denial of relief cannot rest on a party’s failure to learn independently of the judgment”
• finding the court could assume receipt 18 where docket included notations that notice was mailed and not returned by the USPS
• discussing the weak presumption of 7 receipt that Rule 4(a)(6) creates and observing that a returned envelope is evidence of non- 8 receipt
• “Under the so-called ‘bursting bubble’ approach to presump tions, a presumption disappears where rebuttal evidence is presented.”

Source: CourtListener parenthetical corpus (CC0).