Family Is Awarded $500,000 Default Judgment in Barking Dog Lawsuit

Here’s attorney David Allen again. In this video, he addresses default judgments, prove-up’s, and attachments to collect the judgment.   Essentially, what attorney Allen says is that if you (speaking in general) are ever served with a summons and complaint, do not think that ignoring it makes the case go away.

 

 

Posted on 11/17/2015, in Cases, Potpourri and tagged , , . Bookmark the permalink. 24 Comments.

  1. Ya know, you’d think everyone would know this… Hey! I am so afraid of jail and court I don’t remove the labels off my pillows……….. It’s against the law…

    Liked by 7 people

    • Hey Shyloh! You’d be surprised at the number of people who think that if they do nothing when a case is filed, that the court can do nothing. You’d also be surprised at the number of people who think they can give any excuse to have the court vacate a default judgment. The judiciary has set a high hurdle to vacate default judgments, and even if they do, it means the case proceeds to litigation. Since most people who lose by default are at fault, the result of trial is the same as the default judgment anyway, so it’s hard finding legal counsel to represent them.

      Liked by 4 people

    • Two sides to a story

      LOL!

      Liked by 1 person

      • Two sides to a story

        I’m lulzing at the pillow tags, not the courts. They scare me too. Scares me even more when people misuse them and get away with it. But they will face their karmic actions sooner than they think. When it comes, kabang!

        Liked by 3 people

  2. Something people dont seem to understand when they ask why I had made the trip to Fresno to fight off these lies that were being told before the court. if you ignore it and fail to appear and or respond they will win by default and in doing so in my case the intent he had was to lie his way into getting a restraining order then use it for the purposes of filing false police reports in attempt to have me jailed, which is exactly what he did last year.

    When I spoke to officer Herr of Fresno PD he said this man had filed more than 40 reports

    Liked by 6 people

    • Santiago, you were absolutely correct to go to the hearing on the plenary restraining order. That’s the right to face your accuser, and by you doing so, the court denied him the restraining order. We now see on appeal where the Court of Appeals agreed with the trial court. Its position included that he harassed you, and any contact you had with him was in effort to get him to leave you and your family alone.

      Forty police reports, uh? That just shows how disparate he is in trying to get his way. Kinda like repeating “proceeding with an abundance of caution” three times in less than 3 minutes as his only oral argument.

      Liked by 2 people

      • scrodriguez

        Here is the crazy part his 2nd attempt to petition for a restraining order the judge denied his request for a TRO because he is arguing the same case that he brought to the court last time.

        The judge stated this in his decision and also stated that the decision was pending appeal Now get this, in his brief for that 2nd attempt he refered to evidence in his other brief with them in other words he is basically telling the 5th district yes I am arguing the same case that was just denied and was recently affirmed.

        Either way I dont care honestly its simply an attempt to get me to spend more money as he has been bragging about allot lately I know that appeal is not going anywhere.

        Liked by 2 people

        • Santiago,
          If he is indeed taking classes to be a paralegal, one of the first things he should have learned is that it’s not law school. Law school students are taught so much, much more. What he has not learned is that Courts of Appeal have limited jurisdiction. The responsibility of the Justices is to see if the trial court judge erred. They do not consider anything that was not brought before and argued in the proceedings in the lower court. Your harasser makes the mistake of re-arguing the cases before the Court of Appeals. He also mistakenly thinks that the Court of Appeals can grant him the relief that he requested from the lower court. He actually believes that the Court of Appeals can grant him a restraining order in response to an appeal for the denial of a TRO. If the lower court’s decision is reversed and remanded, the trial court enters a schedule, and proceeds to trial.

          Liked by 3 people

    • Two sides to a story

      Wow – 40 reports. He’s been a busy boy.

      Liked by 3 people

  3. Santiago, I can’t imagine what you are going through. It’s just terrible. Sending positive thoughts your way to get this crap stopped. Hugs to you and yours

    Liked by 2 people

    • scrodriguez

      Trash talk is one thing I get it but when its pure harassment threats to me my kids extortion and attempts to cause trouble at my wifes place of work that goes well beyond trash talk. that is someone who simply wants to destroy your life. I refuse to allow it and am doing exactly what the law expects me to do. every single legal option we have will be exercised for every act committed. there will be a response but in the legal sense.

      Liked by 3 people

  4. Somehow, $500,000 for a barking dog is going a bit far. Of course, good luck in collecting on this judgment.

    Like

    • yahtzeebutterfly

      Did you notice that there is no mention of the complainer calling a Seattle animal control officer who could have mediated and/or issued a $109 fine to the dog owner?

      “All it takes is one complaint to get an animal control officer to come out. But more often than not, Jordan says the visit ends with a warning and that usually takes care of the problem. If it continues and there are more complaints, then the officer could issue a citation which carries a $109 fine.

      The city of Seattle’s ordinance on nuisance barking says it’s against the law to allow an animal to make unreasonable noise. Unreasonable is defined as loud, frequent, repetitive or continuous.”

      http://mynorthwest.com/11/550982/What-do-you-do-when-your-neighbors-dog-wont-shut-up

      Liked by 2 people

      • Yahtzee,
        Here, Animal Control has regular business hours. They seldom do anything unless it happens during their business hours so they witness it. I don’t know if that’s the case in Seattle.

        Liked by 2 people

    • Gronda,
      It is a huge judgment, but the plaintiff was required to prove-up, and the judge awarded that amount. The plaintiff attached the neighbor’s house to pay the judgment which sprung the neighbor to act in effort to have the default judgment vacated. Even if the judge vacates the default, the case goes into litigation and trial.

      Liked by 3 people

      • That would seem like a more reasonable approach. Thanks for noticing this.

        Liked by 1 person

      • One could go to bankruptcy court but this would ruin one’s credit. I have to wonder how many suits this claimant has filed in the past.

        Like

        • Gronda,
          David Allen did not give the plaintiff’s past. It probably never came up in the case. I think the point of the video is to let the public know if they are ever served with a summons and complaint, to not ignore it. No one with a house wants to file for bankruptcy when they can pay their mortgage, and only to avoid paying a court ordered judgment. They could end up discharging the judgment and losing the very house they did not want lien against.

          Liked by 1 person

    • Hey everyone! Thanks for keeping up-to-date. I had personal business to take care of today and am just now getting around to logging in. Turns out that Melendez was not found guilty on the strangulation charge. But, the other two charges are enough to send him away. He was remanded to jail, and his sentencing is scheduled for December 3rd.

      Liked by 1 person

  5. Court in break for lunch.2 PM verdicts expected .

    Like

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