§55.7 Significant Authorities

• Jurisdiction: Washington

§55.7SIGNIFICANT AUTHORITIES

This section summarizes significant authorities addressing issues under CR 55.

(1)Washington

If a defendant fails to appear, he or she is not entitled to notice of a hearing to determine the amount of a default judgment. Conner v. Universal Utils.,105 Wn.2d 168, 712 P.2d 849 (1986).

Any action on the part of defendant, except to object to jurisdiction, which recognizes the case is in court, amounts to a general appearance. Dlouhy v. Dlouhy,55 Wn.2d 718, 349 P.2d 1073 (1960).

Methods for appearing in an action specified in RCW 4.28.210 are not exclusive, and informal acts may constitute an appearance. To constitute an "appearance" to warrant notice under CR 55, "mere intent to defend, whether shown before or after a case is filed, is not enough; the defendant must go beyond merely acknowledging that a dispute exists and instead acknowledge that a dispute exists in court. ... [P]arties cannot substantially comply with the appearance rules through prelitigation contacts." Morin v. Burris,160 Wn.2d 745, 756-57, 161 P.3d 956 (2007).

The granting or denial of an order or judgment of default lies within the trial court's discretion. Graham v. Yakima Stock Brokers,192 Wash. 121, 72 P.2d 1041 (1937).

Default judgments are not favored in law. The court can look beyond affidavits to ascertain the existence of facts constituting an excuse or defense on the part of the defaulting party. Griggs v. Averbeck Realty, Inc.,92 Wn.2d 576, 599 P.2d 1289 (1979).

After the filing of a motion and affidavit for default, only a party who has appeared has a right to respond or defend. A party who has not appeared must apply for permission to the court to respond or defend the action. Hayworth v. McDonald,67 Wash. 496,500,121 P. 984 (1912).

When there is no statutory ground for vacating a default judgment, the court need not consider whether the defendant has shown that he or she had a meritorious defense. Johanson v. United Truck Lines,62 Wn.2d 437, 383 P.2d 512 (1963).

Before the entry of a judgment, a court may set aside a default order upon showing of reasonable excuse or delay in appearing or pleading. No showing of a meritorious defense is necessary. Johnston v. Medina Improvement Club,10 Wn.2d 44, 116 P.2d 272 (1941).

A party who does not appear has no right to notice of the motion for default order or judgment or of further proceedings. Pedersen v. Klinkert,56 Wn.2d 313, 320, 352 P.2d 1025 (1960).

A default judgment cannot exceed or substantially differ from the demand of the complaint...