[DOWNLOAD] "State v. Ritz Realty Corp." by the Court of Appeals of the State of Connecticut # Book PDF Kindle ePub Free

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eBook details

• Title: State v. Ritz Realty Corp.
• Author : the Court of Appeals of the State of Connecticut
• Release Date : January 29, 2001
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Argued February 16 OPINION The defendants 1 appeal from the judgment rendered for the plaintiff, the state of Connecticut, and from the denial of the defendants' motion to open the judgment of the trial court, which was rendered after a hearing in damages. They claim that the court abused its discretion in denying the motion. 2 We affirm the judgment of the trial court. The following facts and procedural history are relevant to this appeal. The plaintiff commenced this action in four counts, 3 seeking injunctive relief, restitution, civil penalties and other appropriate relief pursuant to the Connecticut Unfair Trade Practices Act, General Statutes § 42-110a et seq. The defendants appeared through counsel and answered the complaint. 4 Thereafter, the court provided the parties with a schedule for completing discovery. The defendants did not respond to the plaintiff's discovery requests. On August 16, 1999, the court granted the plaintiff's motion for sanctions, pursuant to Practice Book § 13-14, and entered a default against all of the defendants. The court scheduled a hearing in damages for November 5, 1999, at which time the defendants' attorney appeared on behalf of the defendants. At the conclusion of the hearing, the court rendered judgment against all of the defendants after finding that it had subject matter jurisdiction pursuant to § 42-110m. 5 The defendants had argued that the court lacked subject matter jurisdiction because the plaintiff had failed to exhaust its administrative remedies, pursuant to § 42-110d (d), before bringing its action in the Superior Court. We conclude that the plaintiff had the option of proceeding as it did in the Superior Court under § 42-110m (a) and that, given the terms of that statute, the plaintiff did not have to exhaust its administrative remedies prior to commencing an enforcement action in the Superior Court. See Civil Aeronautics Board v. Modern Air Transport, Inc., 81 F. Sup. 803, 806 (S.D.N.Y. 1949), aff'd, 179 F.2d 622 (2d Cir. 1950). The court, therefore, possessed subject matter jurisdiction. Its award included injunctive relief as sought, and $231,870 in restitution and civil penalties. The defendants' attorney allegedly did not inform the defendants of the discovery request, the entry of default or the scheduling of the hearing in damages.

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