Justia Civil Procedure Opinion Summaries

In 2021, the appellee purchased a condominium unit at a foreclosure auction and later filed a complaint in the Superior Court of the District of Columbia to quiet title against Jose Strickland. The complaint was amended to include Plus Properties, LLC, and later Plus Properties Trust as defendants. The docket indicated service was directed to Plus Properties Trust, but no affidavit of service was filed. Plus Properties Trust, represented by Kellee Baker, moved to dismiss some claims but did not allege insufficient service of process. The trial court granted partial dismissal, requiring a responsive pleading by October 4, 2022, which Plus Properties Trust failed to file.The trial court entered default against Plus Properties Trust and scheduled an ex parte proof hearing. Despite being served with notice of the hearing and subsequent motions, Plus Properties Trust did not respond. The court granted default judgment, quieting title in the appellee's name and issuing a preliminary injunction against Plus Properties Trust. Plus Properties Trust, with new counsel, filed two Rule 60(b) motions to vacate the default judgment, arguing lack of notice and ineffective service of process. Both motions were denied by the trial court.The District of Columbia Court of Appeals reviewed the case. The court held that Plus Properties Trust failed to preserve its claim of ineffective service of process by not raising it in the trial court. The court also found that Plus Properties Trust had sufficient notice of the default proceedings and the ex parte proof hearing, as evidenced by the certificates of service. The court concluded that the default judgment did not violate due process and affirmed the trial court's orders denying the Rule 60(b) motions. View "Plus Properties Trust v. Molinuevo Then" on Justia Law

Karen Richardson obtained a loan in 2008, secured by a promissory note and a deed of trust on her home. After a series of transfers, Nationstar Mortgage, LLC became the holder and servicer of the note. Nationstar appointed members of McCabe, Weisberg & Conway, LLC (MWC) as substitute trustees. In 2015, Nationstar filed for judicial foreclosure, alleging Richardson defaulted on her mortgage. Richardson counterclaimed, challenging Nationstar's standing and alleging violations of lending laws. The Superior Court ruled in favor of Nationstar, and the property was sold in a foreclosure sale.Richardson opposed the ratification of the sale, arguing that Nationstar and MWC provided an incorrect payoff amount, constituting fraudulent misrepresentation and breach of fiduciary duty. The Superior Court ratified the sale, concluding that Richardson's right to cure the default had expired before the incorrect payoff amount was provided. Richardson's subsequent appeals were dismissed as moot.Richardson then filed a new suit against Nationstar, MWC, and the trustees, alleging wrongful foreclosure, fraud, and misrepresentation. The Superior Court dismissed her claims against Nationstar and others as barred by res judicata, but held her claims against MWC and the trustees in abeyance. Richardson amended her complaint, and the Superior Court dismissed it again on res judicata grounds, believing she had not disputed privity.The District of Columbia Court of Appeals reviewed the case and reversed the Superior Court's dismissal on the issue of privity. The court held that MWC and the trustees had not sufficiently demonstrated privity with Nationstar to invoke res judicata. The case was remanded for further proceedings to address the privity issue and any other unresolved claims. View "Richardson v. McCabe, Weisberg & Conway, LLC" on Justia Law