Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF THE STATE OF RIDGEWAY CITATION: Cabnet912 v. DraconicLaw, 2022 RSC 651 DATE OF JUDGEMENT: September 13, 2022 BETWEEN: Cabnet912 Plaintiff and DraconicLaw Defendant REASONS FOR DEFAULT ORDER OF THE HONOURABLE JUDGE KOALAMEDVEDEVA I. Chronology [1] The chronology of this matter is as follows: • September 4, 2022: Complaint is filed. • September 5, 2022: Summons is served upon the defendant. 5 days allocated for an answer to the Complaint. • September 13, 2022: Defendant fails to file an answer to the Complaint before the deadline. The court enters a default order under Rule 37. II. Default Order [2] Rule 37(a) of the Ridgeway Rules of Civil Procedure provides: “When a party against whom a judgement for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.” [3] Defendant did appear but have not plead within or beyond the 5 days allotted to them for that purpose. [4] Given these circumstances, I am satisfied that plaintiff is entitled to a default order under Rule 37 and will enter the defendant’s default on the cause of action and, for the purposes of these proceedings, assume all allegations in the Complaint as true and that defendant is liable and concede the allegations as true. [5] Defendant is therefore found to be liable of trespass to chattels. [6] Defendant is not assumed to not contest whether or not trespass to chattels is applicable as a cause of action. III. Relief [7] Rule 36(c) of the Ridgeway Rules of Civil Procedure provides: “A judgment by default shall not be different in kind from that prayed for in the demand for judgment.” [8] Consistent with the rules and the computation of damages offered by the plaintiff, I will award Cabnet912: • $250 in pecuniary damages with respect to the first cause of action, trespass to chattels. • $1000 in non-pecuniary damages with respect to the first cause of action, trespass to chattels. [9] DraconicLaw is directed to pay Cabnet912 $1250 as a result of his default in this action on or before September 20, 2022. IV. Setting Aside Default [10] There is no opportunity to set aside this default order. Dated at the City of Palmer, in the State of Ridgeway this 13th day of September, 2022. “koalaMedvedeva” Judge koalaMedvedeva Counsel for the plaintiff Cabnet912: DorkJacob, Ridgeway.

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