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Read MoreOn the contrary, Cash Store held the keys to its own defense
The trial court found that Cash Store had not presented a prima facie defense to Ms
To establish a prima facie defense, the affidavits submitted to support vacation of a default judgment must precisely set out the facts or errors constituting a defense and cannot rely merely on allegations and conclusions. Shepard, 95 Wash.App. at 239, 974 P.2d 1275; see also CR 60(e)(1). Mr. Ahlberg stated that he had “no way of verifying” who allegedly made harassing comments to Ms. Johnson, and that discovery was necessary to address this issue. CP at 83. Ms. Johnson alleged that an unidentified male Cash Store employee called her at the end of . Cash Store could have submitted affidavits from the male employees working during this time period at its Pines Road store. Any discovery needed was within its own organization. At best, Cash Store presented sufficient evidence of a prima facie defense solely to the claim that its loans violate RCW and the CPA.
Considering the fact that Cash Store's consumer loan agreements appear to comply with RCW 31
Johnson's complaint. on their faces, we find that the trial court based this aspect of its decision on untenable grounds.
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