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J-U-B Engineers Inc. v. Routsen3/23/1993
t; it requested damages to be proved and determined at trial. CR 54(c) limits a judgment by default to the amount prayed for in the complaint. Since the complaint did not specify an amount, the court may take evidence at a CR 55(b)(2) hearing to establish J-U-B's allegations and its damages, if any. As things stand, notice of this hearing need not be given to Dr. Routson. Conner v. Universal Utils., 105 Wash. 2d 168, 173-74, 712 P.2d 849 (1986).
Dr. Routson, having suffered only a default at this point, can move to set aside the order of default pursuant to CR 55(c)(1) for the purpose of presenting a defense of qualified privilege. This will reentitle him to notice. See Canam Hambro Sys., Inc. v. Horbach, 33 Wash. App. 452, 655 P.2d 1182 (1982).
J-U-B's remaining assertions of error consist of conclusory statements without support. In the absence of argument and citation of authority, we will not consider these issues. Transamerica Ins. Group v. United P. Ins. Co., 92 Wash. 2d 21, 29, 593 P.2d 156 (1979). Accord, State v. Wood, 89 Wash. 2d 97, 99, 569 P.2d 1148 (1977).
We affirm the denial of default judgment for the reasons stated herein.
Disposition
Holding that the trial court was correct to refuse to enter the judgment but that it had erred in raising an affirmative defense for the absent defendant, the court affirms the denial of the judgment.
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