Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF THE STATE OF RIDGEWAY CITATION: poprbob v. eyeofthebuddha, 2022 RSC 843 DATE OF JUDGEMENT: January 12, 2023 BETWEEN: poprbob Plaintiff and eyeofthebuddha Defendant REASONS FOR DEFAULT ORDER OF THE HONOURABLE JUDGE KOALA4IIFE I. Chronology [1] The chronology of this matter is as follows: • January 3, 2023: Complaint is filed. • January 4, 2023: Summons is served upon the defendant by counsel for the plaintiff. 5 days allocated for an answer to the Complaint. • January 10, 2023: Defendant fails to file an answer to the Complaint before the deadline. Plaintiff applies for 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 not appear or 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 both causes 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 assault and wrongful death. III. Relief [6] 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.” [7] Consistent with the rules and the computation of damages offered by the plaintiff, I will award poprbob: • $1500.00 in punitive damages with respect to the first cause of action, assault. • $2500.00 in punitive damages with respect to the second cause of action, wrongful death. • $203.00 in compensatory damages. [8] Eyeofthebuddha directed to pay poprbob $4203.00 as a result of his default in this action on or before January 19, 2023. IV. Setting Aside Default [9] Notwithstanding any stipulations in this part, all judgements and orders contained within this ruling are effective immediately unless otherwise provided. [10] Defendant may not apply to set aside this default order. Dated at the City of Palmer, in the State of Ridgeway this 12th day of January, 2023. “koala4Iife” Judge koala4Iife Counsel for the plaintiff poprbob: natrix368, Ridgeway.

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