Background
CB Chicago Partners sued John and Patrice Williams over unpaid rent under a commercial lease for a Markham daycare facility. The complaint alleged that the Williamses owed $150,003.47, plus fees and other amounts. The lease treated nonpayment of rent as a default and expressly limited the force majeure provision’s application to rent payments.
The defendants obtained vacatur of two earlier default judgments: first after retaining counsel and then after counsel failed to timely plead. They answered the complaint but asserted no affirmative defenses. During discovery, their counsel withdrew; the defendants neither retained replacement counsel nor filed supplemental appearances, failed to respond to discovery requests, and did not appear at a scheduled status hearing. The circuit court entered a third default judgment, this time for $219,615.25.
The Court’s Holding
The appellate court affirmed the denial of the defendants’ timely pro se motion to vacate the third default judgment under section 2-1301(e) of the Illinois Code of Civil Procedure. The court held that the circuit court did not abuse its discretion in concluding that vacatur would not serve substantial justice.
The defendants had repeatedly failed to meet litigation obligations, including appearing in court, retaining substitute counsel, and responding to discovery. Their failure to answer requests to admit meant they had admitted facts sufficient to support judgment on the merits; because those requests were absent from the appellate record, the appellate court presumed the circuit court’s finding was correct. With no affirmative defenses pleaded, reopening the default would have had no practical effect. The court also rejected the claimed lack of notice because the default hearing coincided with a previously scheduled status hearing the defendants were expected to attend.
Key Takeaways
- A trial court may deny a motion to vacate when repeated noncompliance shows that another opportunity to litigate would not advance substantial justice.
- Unanswered requests to admit can establish facts sufficient for judgment, and an incomplete appellate record is construed against the appellant.
- A party’s absence from a hearing is not excused by delayed notice of a default motion when the same hearing date was already set for a status appearance.
Why It Matters
The decision illustrates that Illinois courts assess the full course of a party’s conduct when deciding whether to set aside a default. Prompt filing of a motion to vacate does not compel relief where the party has repeatedly failed to participate and lacks a viable path to contest the merits.