Pablo Gonzalez v. Quoc Nguyen
Pablo Gonzalez v. Quoc Nguyen
Opinion
¶ 1 We consider here whether a defendant must submit additional evidence outside the existing record to establish a "meritorious defense" in a motion to set aside a default judgment under Arizona Rule of Civil Procedure 60(c) (now 60(b) ). 1 We hold that a defendant may rely on the existing record and that a trial court has broad discretion to determine whether a matter should be decided on the merits.
BACKGROUND
¶ 2 On April 9, 2012, Quoc Nguyen was driving a van owned by his employer, Dysart Hotel, and rear-ended a truck driven by Pablo Gonzalez. The police report indicated the crash occurred at ten miles per hour and "no injury" occurred. However, Gonzalez contended the accident was more severe, causing extensive injuries requiring surgery and physical rehabilitation and forcing him to retire from the Maricopa County Sheriff's Office.
¶ 3 Dysart Hotel notified its insurance claims administrator, Precision Risk Management, about the accident. A claims adjuster (Bill Sim) instructed Gonzalez's attorneys to direct communications to him. Gonzalez filed this negligence action against Nguyen and Dysart Hotel (collectively "Dysart") seeking compensatory damages. Gonzalez later sent Sim a detailed demand letter seeking $716,242.50, including $600,000 for pain and suffering, and offering to settle for $695,000.
¶ 4 Despite repeated inquiries by Gonzalez's lawyers, Dysart did not file a responsive pleading to the complaint. On February 20, 2015, Gonzalez applied for an entry of default, again served Dysart, and also sent copies to Sim and Companion Commercial Insurance ("Companion"), Dysart's insurer. After a hearing on June 23, 2015, at which Gonzalez presented evidence and Defendants failed to appear, the trial court entered a default judgment in the amount of $667,279.56.
¶ 5 On August 11, 2015, Defendants filed a Rule 60(c) motion to vacate the judgment's damage award, and Companion moved to intervene. At oral argument on the motions, Dysart's attorney told the court Dysart would admit liability and only contest damages if the motion was granted. The trial court denied Companion's intervention motion because no coverage issues existed, but it granted the motion to vacate the default judgment. The court observed that although it seemed unfair for the insurance company "to have handled the claim in such a casual or indifferent manner ... and then plead the injustice after the fact," it acknowledged it had "doubts about the fairness of the amount of the judgment," which seemed "too large." The proper course "in such a 'tie,' " the court concluded, "is to allow the case to be decided on the merits."
¶ 6 The court of appeals reversed and reinstated the default damages judgment.
Gonzalez v. Nguyen
, 1 CA-CV 16-0141,
¶ 7 We granted review to consider the important and recurrent issue of the standards for relief from a default judgment under Rule 60(c)(6). We have jurisdiction under article 6, section 5(3) of the Arizona Constitution and A.R.S. § 12-120.24.
DISCUSSION
¶ 8 We review a trial court's decision to grant a Rule 60(c) motion for abuse of discretion.
Moreno v. Jones
,
¶ 9 Rule 60(c) (now slightly modified as Rule 60(b) ) states:
Mistake; inadvertence; surprise; excusable neglect; newly discovered evidence; fraud, etc.
On motion and upon such terms as are just the court may relieve a party or a party's legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(d); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
We construe our rules according to their words in the context in which they are used and look to secondary construction tools only if the language is subject to more than one reasonable interpretation.
See
Rasor v. Nw. Hosp.
,
LLC
,
¶ 10 Dysart does not argue here that any of the first five Rule 60(c) grounds, including excusable neglect, applies. Rather, it relies solely on Rule 60(c)(6), allowing relief from a default judgment for "any other reason justifying relief."
¶ 11 Our Rule 60(c)(6) jurisprudence is not a model of clarity or consistency. We have noted that application of Rule 60(c) should serve two different objectives. First, the "law favors resolution on the merits, and therefore if the trial court has doubt about whether to vacate a default judgment, it should rule in favor of the moving party."
Daou v. Harris
,
¶ 12 In addition to requiring adherence to Rule 60(c)'s timeliness requirements and that an "other" ground for relief from a default judgment cannot be one of the reasons set forth in Rule 60(c)(1)-(5), we have consistently bounded a trial court's discretion under Rule 60(c)(6) by requiring a defendant to assert a meritorious defense.
See, e.g.
,
Union Oil Co. of Cal. v. Hudson Oil Co.
,
¶ 13 Some Arizona decisions have indicated that the meritorious defense supporting the motion to vacate must be established by evidence extraneous to the existing record.
See, e.g.
,
United Imp. & Exp., Inc. v. Superior Court
,
¶ 14 Citing United Imports , the court of appeals focused on the adequacy of the affidavit by Companion's claims manager in support of the motion, concluding it was legally insufficient because it "said nothing about potential defenses." Gonzalez , 1 CA-CV 16-0141, at *3 ¶¶ 17-18. However, the record provided a basis for Dysart's assertion-and the trial court's conclusion-that the amount of damages might be excessive when tested at trial. The police reports (which were also appended to Dysart's motion) stated that the collision occurred at ten miles per hour and that either no injury or possible injury occurred; nothing suggested serious injuries. Dysart also presented an affidavit from Gonzalez's counsel attesting that Gonzalez incurred $68,683.58 in medical bills and $42,558.92 in lost wages, far less than the default judgment amount. When it entered the default judgment, the trial court expressed concerns about the amount of damages, and the motion to vacate the judgment provided an opportunity for the court to revisit the issue by ordering resolution of the judgment amount on the merits. Although a possibly excessive judgment does not automatically entitle a defendant to vacate a default judgment, the trial court here acted within its discretion.
¶ 15 The court of appeals further found that the absence of excusable neglect by Dysart "also cuts against granting relief to Defendants."
¶ 16 Although "the showing of a meritorious defense need not be strong, ... it must be greater than mere speculation."
Richas
,
¶ 17 The court of appeals observed that the trial court "did not mention the meritorious defense requirement" in granting the motion to vacate.
Gonzalez
, 1 CA-CV 16-0141, at *3 ¶ 17. Although the trial court did not use that term, its order clearly rested on its view that the damage amount was potentially unwarranted, which under
Daou
and
Roll
constitutes a meritorious defense. As we held in
Daou
, "if the trial court has doubt about whether to vacate a default judgment, it should rule in favor of the moving party."
CONCLUSION
¶ 18 We vacate the court of appeals' decision, affirm the trial court's order, and deny Gonzalez's motion for attorney fees.
The Arizona Rules of Civil Procedure changed in 2016, reorganizing Rule 60(c) as Rule 60(b), without substantive change. As most of the cases and the court of appeals' decision refer to the prior version, we will reference Rule 60(c), which was in effect when the motion here was filed. Compare Ariz. R. Civ. P. 60(c) (1987), with Ariz. R. Civ. P. 60(b) (2016).
Reference
- Full Case Name
- Pablo GONZALEZ, Et Al., Plaintiffs/Appellants, v. Quoc NGUYEN, Et Al., Defendants/Appellees.
- Cited By
- 2 cases
- Status
- Published