The following excerpt is from Shaw v. Bank of Am., Case No. 12-cv-1207 DMS (BLM) (S.D. Cal. 2017):
fifth will rarely be present at the same time." Clemens v. U.S. Dist. Ct., 428 F.3d 1175, 1178 (9th Cir. 2005) (internal quotation marks omitted). "However, the absence of the third factor, clear error, is dispositive." Id. (internal quotation marks and citation omitted).
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