201 Conn.App. 492
Conn. App. Ct.2020Background
- In November 2018 the Labor Commissioner sued Walnut Tire Shop, LLC and its president Ramon Balbuena to recover unpaid wages and civil penalties on behalf of two employees.
- A state marshal served two copies of the summons and complaint on Balbuena in hand both individually and as president of the company on November 11, 2018.
- Defendants did not appear; plaintiff obtained default and a default judgment on March 15, 2019 for $24,136.35 (unpaid wages, penalties, costs).
- Defendants filed a motion to open the default judgment under Conn. Gen. Stat. § 52-212, alleging they lacked actual notice because the summons listed a different registered agent (Ramiro Alcazar).
- The trial court denied the motion to open; on appeal the court affirmed, finding the motion procedurally defective (not verified under oath) and that service on the president constituted valid service on the LLC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying the motion to open for lack of actual notice | Service was proper: marshal served Balbuena individually and as president; thus both defendants had actual notice | Service was ineffective because the summons listed a different registered agent (Alcazar), so the LLC lacked actual notice | No abuse of discretion: record shows Balbuena was personally served; that service properly notified the LLC under §52-57(c) and controlling precedent; judgment affirmed |
| Whether the motion to open complied with § 52-212 and Practice Book verification requirements | Motion to open must be denied if not verified; plaintiff emphasized defendants failed to follow verification rules | Defendants did not contest verification defect as excusing relief; focused on lack of notice instead | Motion to open was procedurally deficient because it was not sworn under oath as required; this alone justified denial |
Key Cases Cited
- Walton v. New Hartford, 223 Conn. 155 (1992) (trial court’s denial of motion to open reviewed for abuse of discretion)
- Little v. Mackeyboy Auto, LLC, 142 Conn. App. 14 (2013) (service on an officer under § 52-57(c) can constitute valid service on an LLC despite nonservice of the statutory agent)
- Lawton v. Weiner, 91 Conn. App. 698 (2005) (motion to open may be denied if it is not sworn to)
- Water Pollution Control Authority v. OTP Realty, LLC, 76 Conn. App. 711 (2003) (motions to open must set forth facts under oath to show mistake, accident, or reasonable cause)