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All-American Homes11/6/2000
pposing party. White v. Holm, 73 Wn.2d 348, 352, 438 P.2d 581 (1968); see also Luckett v. Boeing Co., 98 Wn. App. 307, 314, 989 P.2d 1144 (1999).
Mr. Horan's affidavit that he believes the company has offsetting claims is insufficient proof of a prima facie defense. It is no more than a conclusory allegation. 'To establish a prima facie defense, affidavits supporting motions to vacate default judgments must set out the facts constituting a defense and cannot merely state allegations and conclusions.' Shepard Ambulance, Inc., 95 Wn. App. at 239; see also CR 60(e)(1). Mr. Horan's statement contains no facts upon which the court could determine that a meritorious defense existed. Having concluded that Horan has failed to demonstrate a prima facie defense, we do not consider the remaining factors set out in White v. Holm, 73 Wn.2d at 352.
Horan also argues that this court should vacate the default judgment because no competent evidence supports the court's finding that the Stears assigned their note to All-American, or that All-American obtained a valid and enforceable assignment. But Horan's request that we review the underlying judgment is clearly beyond the scope of our review. An appeal from a denial of a CR 60(b) motion is limited to the propriety of the denial. Bjurstrom v. Campbell, 27 Wn. App. 449, 618 P.2d 533 (1980).
Finally, Horan claims that there was an 'irregularity in obtaining the judgment or order' under CR 60(b)(1) because the trial court entered unnecessary findings of fact and conclusions of law. Horan argues that the entry of unnecessary findings warrants vacation of the default judgment.
Horan has not presented any authority to support its argument, and we are not persuaded by its contention. The findings had no bearing on the proper procedure in obtaining the default judgment. Therefore, we reject Horan's claim.
The order is affirmed.
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