January 27, 2025. Partner Kevin James and Associate Attorney Katelyn Luong successfully had a default judgment against their client overturned and the case dismissed in its entirety.
The underlying case arose out of an automobile accident. Plaintiff filed suit alleging personal injuries, filing her complaint in October 2022 but failed to ever serve the Defendant with the case. Plaintiff instead moved for service by Publication which was granted by the Court. The
Publication service was completed and Plaintiff moved for a default judgment which was granted in October 2023, followed by a damages hearing. After the damages hearing a Default Judgment against the Defendant was entered for $36,000 in July 2024. Mr. James and Ms. Luong were retained after the default judgment had been entered.
Mr. James and Ms. Luong argued that the use of service by publication in this matter was improper and did not confer in personam jurisdiction. The Court agreed that the Defendant had not been personally served and ordered that the previously entered default judgment was null and void.
Mr. James and Ms. Luong further argued that the statute of limitations had expired in October 2022 and the Plaintiff had not exercised the requisite diligence required by law to effect personal service on the Defendant. The Court agreed, holding that there was evidence in the record that in October of 2023 Plaintiff executed an Affidavit of Diligent Search and would have been aware of the issues in perfecting service at that time. The Court found no record that any other efforts were made after that and that the Plaintiff failed to exercise the required diligence. Based upon those findings, the Court dismissed the Plaintiff’s case with prejudice.
Read the Court’s Order here.
Read more about Partner Kevin James here.
Read more about Attorney Katelyn Luong here.
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