Vigorous Pursuit and Judgment Obtained When a Commercial Landlord Did Not Promptly Respond to a Lawsuit
When a party does not timely respond to a lawsuit, most lawyers will not pursue what is known as a “default judgment”, thinking that a court will typically not enforce or will dissolve such a judgment. However, there is precedent for pursuing a default in the proper circumstances, and that is what we did for a client whose business inventory was completely destroyed due to the fault of his landlord.
Our client’s insurance policy was not valid, so we investigated the incident and found that the commercial landlord was at fault. So we started a lawsuit to recover the value of the destroyed inventory from the landlord.
When the landlord did not timely hire an attorney to defend the case, we pursued a default judgment, which was issued by the court. We then conducted a hearing, proving the hundreds of thousands of dollars in damage and destruction to our client’s business inventory. When the landlord finally hired a law firm, the firm asked the court to dissolve the judgment and the court did so. We immediately appealed the ruling.
We argued the applicable law in the appeals court and the appeals court reversed the judge who dissolved the judgment and put the judgment back in place. Our client then immediately received all of the money, plus interest, from the landlord’s insurance company that were proven as losses at the prior hearing that we conducted.