Durakan America, LLC v. Rain Trading, Inc.

Dist. Ct. erred in denying without hearing defendants’ motion to vacate default judgment entered against them approximately one year prior to filing instant motion. Defendants included in their motion affidavits that disputed claims in two affidavits from process servers that they had been served with copies of the complaint alleging breach of contract and deceptive practices, and thus hearing was necessary to resolve said dispute. Ct. rejected plaintiff’s claim that affidavits from two service processors entitled it to presumption of truth on issue of whether complaint had been served on defendants, after noting that defendants’ contrary affidavits shifted burden back to plaintiff, as party asserting personal jurisdiction, to prove what it had alleged.