Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF THE STATE OF RIDGEWAY CITATION: RadianceOf_Thought v. FoulWraith, RSC-CV-885 DATE OF JUDGEMENT: January 31, 2023 BETWEEN: RadianceOf_Thought Plaintiff and FoulWraith Defendant REASONS FOR DEFAULT ORDER OF THE HONOURABLE JUDGE KOALA4IIFE I. Chronology [1] The chronology of this matter is as follows: • January 22, 2023: Complaint is filed. Summons is served upon the defendant by counsel for the plaintiff. 5 days allocated for an answer to the Complaint. • January 28, 2023: Defendant fails to file an answer to the Complaint before the deadline. Plaintiff motions for default. • January 31, 2023: Default order is entered. 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 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 all 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 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 RadianceOf_Thought: • $401.00 in compensatory damages, • $2099.00 in punitive damages, and • $1000.00 in costs. [8] FoulWraith is directed to pay RadianceOf_Thought $3500.00 as a result of his default in this action on or before February 7, 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. Dated at the City of Palmer, in the State of Ridgeway this 31st day of January, 2023. “koala4Iife” Judge koala4Iife Counsel for the plaintiff RadianceOf_Thought: Arthur_Chen, Ridgeway.

MotionRuling_RSC-CV-885_2041-013123.pdf

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