The lower court has earlier ordered Friend Sora Taima, owner of the Red Dragon karaoke and restaurantto pay$2, 623 within 30 days of the date of service toSun Xiu Chun, his former employee
Taima however elevated the case to the Appellate Division claiming that the lower court violated his rights and that Sun committed.
The default judgment has been imposed against Taima after he failed to appear in the hearing.
Based on court records, on July 3, 2007 Sun filed a complaint before the Court of Common Pleas against Taima claiming that the latter owed her $3,000. Sun stated that Taima never paid her salary according to her employment contract, that she had to pay her own taxes and renew her work permit, and that Taima borrowed $225 from her but did not pay it back.
On July 10, 2007, Taima served with Sun’s complaint and a summon notifying him for these allegations and that a hearing was scheduled for August 13, 2007. The summons informed Taima that “a default judgment may be entered against him if fail to appear.” Taima signed the Proof of Service form, acknowledging that he understood the meaning of the documents.
Taima claimed that he appeared at the courthouse on August 13 but Sun did not. However, there is no record of attendance on that day because no hearing occurred.
The court postponed the hearing until August 21, 2007 but again no proceeding had been made.
The court set the hearing on September 10, 2007. Both parties were served with the new hearing notice which included a comment that “all parties must appear.” On September 6, however, the court postponed the hearing a final time, setting it for September 19.
The court finally held the hearing regarding Sun’s claims on September 19. Sun appeared with counsel; Taima did not appear. In Taima’s absence, the court heard from Sun and her counsel, reviewed her complaint and the evidence before it, and found good cause in favor of her claim. The court therefore entered a default judgement against Taima, ordering him to pay Sun $2, 623.00 within 30 days of the date of service.
After the court entered the default judgment, “nothing happened in this case for almost a year.” Taima neither paid Sun any money, nor did he challenge the default judgment.
“We find that the trial court did not abuse its discretion in denying Taima’s motion for relief from default judgment,” the 11-page opinion stated.
