This motion seeks a default judgment against all defendants in a civil case. It summarizes that the plaintiffs filed a complaint on May 5, 2014 and served the defendants, who failed to file a timely response. The motion asserts that default judgment is appropriate under the civil rules since the defendants did not appear, plead, or defend against the plaintiffs' claims within the required time period. It provides facts about service of the complaint on each defendant and notices of appearance by two of the defendants. The motion requests that the court grant default judgment for the plaintiffs as relief for the defendants' failure to respond to the lawsuit.
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West Seattle Blog upload of motion for default judgment in wrongful foreclosure lawsuit.
This motion seeks a default judgment against all defendants in a civil case. It summarizes that the plaintiffs filed a complaint on May 5, 2014 and served the defendants, who failed to file a timely response. The motion asserts that default judgment is appropriate under the civil rules since the defendants did not appear, plead, or defend against the plaintiffs' claims within the required time period. It provides facts about service of the complaint on each defendant and notices of appearance by two of the defendants. The motion requests that the court grant default judgment for the plaintiffs as relief for the defendants' failure to respond to the lawsuit.
This motion seeks a default judgment against all defendants in a civil case. It summarizes that the plaintiffs filed a complaint on May 5, 2014 and served the defendants, who failed to file a timely response. The motion asserts that default judgment is appropriate under the civil rules since the defendants did not appear, plead, or defend against the plaintiffs' claims within the required time period. It provides facts about service of the complaint on each defendant and notices of appearance by two of the defendants. The motion requests that the court grant default judgment for the plaintiffs as relief for the defendants' failure to respond to the lawsuit.
THE HONORABLE BRUCE HELLER HEARING DATE: Monday, September 15, 2014 HEARING TIME: 9:00 a.m. WITHOUT ORAL ARGUMENT
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING
JEAN MARIE BARTON and BYRON LEE BARTON,
Plaintiffs,
v.
JP MORGAN CHASE BANK, N.A., FIRST AMERICAN TITLE, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON,
Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )
NO. 14-2-12762-6 SEA
MOTION FOR DEFAULT JUDGMENT
COMES NOW the above-named Plaintiffs, by and through their attorney, Jill J. Smith and Natural Resource Law Group, PLLC, and hereby move the Court for an Order granting judgment for Plaintiffs JEAN AND BYRON BARTON against ALL DEFENDANTS for the relief demanded in the complaint filed herein.
FILED 14 SEP 04 AM 11:43 KING COUNTY SUPERIOR COURT CLERK E-FILED CASE NUMBER: 14-2-12762-6 SEA
MOTION FOR DEFAULT JUDGMENT - 2 NATURAL RESOURCE LAW GROUP, PLLC 2217 NW Market St., Suite 27 Seattle, WA 98107 Ph: (206) 227-9800 Fax: (206) 466-5645
STATEMENT OF FACTS Defendants JP MORGAN CHASE BANK, N.A. and QUALITY LOAN SERVICE CORP OF WASHINGTON have failed to answer despite being served with a summons and complaint in this matter and FIRST AMERICAN TITLE has failed to appear. The procedural facts supporting this motion are brief. 1. Plaintiffs filed their Complaint for Damages in King County Superior Court on May 5, 2014. 2. A Summons and Complaint in this matter were served upon Defendant JP MORGAN CHASE BANK, N.A. on May 7, 2014. Attached hereto as Exhibit A is a true and correct copy of the Affidavit of Service. 3. A Summons and Complaint in this matter were served upon Defendant QUALITY LOAN SERVICE CORPORATION OF WASHINGTON on May 13, 2014. Attached hereto as Exhibit B is a true and correct copy of the Affidavit of Service. 4. A Summons and Complaint in this matter were served upon Defendant FIRST AMERICAN TITLE on or about May 13, 2014. Attached hereto as Exhibit C is a true and correct copy of the Affidavit of Service. 5. Defendant JP Morgan Chase Bank filed a Notice of Appearance by Keesal, Young & Logan on June 2, 2014. 6. Defendant Quality Loan Service Corporation of Washington filed a Notice of Appearance by McCarthy and Holthus on June 11, 2014.
MOTION FOR DEFAULT JUDGMENT - 3 NATURAL RESOURCE LAW GROUP, PLLC 2217 NW Market St., Suite 27 Seattle, WA 98107 Ph: (206) 227-9800 Fax: (206) 466-5645
7. Defendant First American Title has not entered an appearance in the case. All Defendants have failed to file or serve an Answer or any responsive pleading in this case as of todays date, September 4, 2014. In light of the above, a Motion for Default Judgment should be granted in accordance with CR 55(a). LEGAL AUTHORITIES This motion is based upon the records and files herein. According to CR 55(a): (1) Motion. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead, or otherwise defend as provided by these rules and that fact is made to appear by motion and affidavit, a motion for default may be made. CR 55(a)(1). Here, JP Morgan Chase was served with a Summons and Complaint in this case on May 7, 2014. In light of this service date, a responsive pleading was due from Chase on or about July 7, 2014. QLS Corp of WA was served at their Seattle address with a Summons and Complaint on May 13, 2014, so a responsive pleading was due on or about June 2, 2014. This motion is being filed on September 4, 2014. As of this date, Defendants JP Morgan Chase and QLS Corp of WA have failed to serve or file any answer or responsive pleading in relation to this matter; and First American Title has filed no notice of appearance or responsive pleading, so a Motion for Default Judgment should be granted. CR 55(a) also provides: (3) Notice. Any party who has appeared in the action for any purpose shall be served with a written notice of motion for default and the supporting affidavit at least five days before the hearing on the motion. Any party who has not appeared before the motion for default and supporting affidavit are filed is not entitled to a notice of the motion, except as
MOTION FOR DEFAULT JUDGMENT - 4 NATURAL RESOURCE LAW GROUP, PLLC 2217 NW Market St., Suite 27 Seattle, WA 98107 Ph: (206) 227-9800 Fax: (206) 466-5645
provided in rule 55(f)(2)(A). CR 55(a)(3). This motion, the Declaration of Jill J. Smith, Note for Motion, and Declaration of Service are being served on JP Morgan Chase Bank and Quality Loan Service Corporation of Washington.
DATED this 4 th day of September 2014.
NATURAL RESOURCE LAW GROUP, PLLC
/s/ Jill J. Smith____________________ Jill J. Smith, WSBA #41162 Attorney for Plaintiffs 2217 NW Market St., Suite 27 Seattle, WA 98107 Phone: (206) 227-9800 Fax: (206) 466-5645
Don Irving Porter, of The Estate of John Prather, Deceased v. Honorable Stanley R. Resor, Secretary of The Department of The Army, 415 F.2d 764, 10th Cir. (1969)