District Court City and County of Denver, Colorado

1437 Bannock Street

Denver, CO 80202
DARLENE RAKOWSKI, an Individual
Plaintiff,
v.
MONTEZ CONSTRUCTION CO., INC., a Corporation
COURT USE ONLY

Defendant.
Attorney for Plaintiff:
Larry L. Lawyer
LAWYER LAW FIRM, P.C.
1234 17th Street, Suite 123
Denver, CO 80201

Case Number:

Division

Courtroom

Phone Number:(303) 030-3030

Email:llawyer@lawyer.com
FAX Number:(303) 030-3031
Atty. Reg. #: 12345678

PLAINTIFFS MOTION FOR DEFAULT JUDGMENT

Plaintiff, Darlene Rakowski (Rakowski), by and through her attorney, Larry L. Lawyer,
requests that the Court enter Default Judgment against Defendant, Montez Construction Co., Inc.
(Montez), and states as follows:
INTRODUCTION
Plaintiff Rakowski initiated this lawsuit on January 1, 2015, by filing a Complaint
seeking damages against Montez for lost wages due to the Breach of Employment Contract by
Defendant Montez and special and compensatory damages due to Intentional Infliction of
Emotional Distress by Defendant Montez. Defendant Montez allowed harassing behavior toward
Plaintiff Rakowski at the workplace, wrongfully preventing her from fully performing her
obligations of the one-year employment contract between Defendant Montez and Plaintiff
Rakowski, and further causing Plaintiff Rakowski to suffer severe mental anguish.
As of the date of this filing, Montez has failed to file any response contesting the
allegations contained in the Complaint. Consequently, entry of default judgment is appropriate.

ENTRY OF DEFAULT JUDGMENT

1. On January 2, 2015, Defendant Montez through its owner and agent, Carlos Montez, was served
a copy of the Summons, District Court Civil Cover Sheet, and Complaint. Copies of Returns of
Services were filed with the Court on January 6, 2015.
2. On January 2, 2015, this Court accepted the Summons, District Court Civil Cover Sheet, and
Complaint.
3. On February 6, 2015, Plaintiff Rakowski filed Initial Disclosures with the Court.
4. Although not required, on February 12, 2015, Plaintiff Rakowski served a copy of Plaintiffs
Initial Disclosures to Defendant Montez, as well as copies of a new Summons, Complaint, and
Civil Cover Sheet.
5. Defendant Montez has not filed any Answer or other response to the Complaint with this Court.
6. To the best of Plaintiff Rakowskis information and belief, Defendant Montez is not an infant,
incompetent person, officer or agent of the State of Colorado, and is not in the military service of
the United States nor of any nation with which the United States may be allied in the prosecution
of war; nor has Defendant Montez been ordered for induction into such military service. See
attached Affidavit in Support of Motion for Default Judgment.
7. Jurisdiction is proper before this Court in accordance with C.R.C.P. 98(c) because Defendant
Montez is incorporated in the City and County of Denver and Plaintiff Rakowski is an individual
domiciled in the City and County of Denver. See attached Affidavit of Indebtedness.
8. In accordance with C.R.C.P. 54 and 55, there is no just reason for delay and final judgment
should enter in favor of Plaintiff Rakowski and against Defendant Montez in the following
amount:
$2 million representing lost wages owed to Plaintiff Rakowski due to the breach of the
employment contract by Defendant Montez on December 31, 2014, and compensatory
and special damages. See attached Affidavit Support of Motion for Default Judgment.
WHEREFORE, Plaintiff Rakowski respectfully requests entry of an Order granting final
judgment by default in her favor against Defendant Montez for $2 million, and for such other
relief as the Court may deem proper. A proposed form of Findings of Fact, Conclusions of Law,
Order, and Judgment is attached.

Dated this 27th day of April, 2015.

LAWYER LAW FIRM, P.C.
/s/ Larry L. Lawyer
Larry L. Lawyer
ATTORNEY FOR PLAINTIFF
DARLENE RAKOWSKI

CERTIFICATE OF SERVICE
I hereby certify that on the 27th day of April, 2015, a true and correct copy of the
foregoing PLAINTIFFS MOTION FOR DEFAULT JUDGMENT was served via regular
U.S. mail on the following:
Carlos Montez, Owner
Montez Construction Co., Inc.
1000 Welton St.
Denver, CO 80202
/s/ Amy Hoffmann Morris
Amy Hoffmann Morris
Paralegal

District Court City and County of Denver, Colorado

1437 Bannock Street
Denver, CO 80202
DARLENE RAKOWSKI, an Individual
Plaintiff,
v.
MONTEZ CONSTRUCTION CO., INC., a Corporation
Defendant.
COURT USE ONLY
Case Number:

Attorney for Plaintiff:

Larry L. Lawyer
LAWYER LAW FIRM, P.C.
1234 17th Street, Suite 123
Denver, CO 80201

Division
Phone Number:(303) 030-3030
FAX Number:(303) 030-3031

Courtroom

E-mail:llawyer@lawyer.com
Atty. Reg. #: 12345678

DISTRICT COURT CIVIL SUMMONS

TO THE ABOVE NAMED DEFENDANT: Montez Construction Co., Inc.

YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court an answer
or other response to the attached Complaint. If service of the Summons and Complaint was
made upon you within the State of Colorado, you are required to file your answer or other
response within 21 days after such service upon you. If service of the Summons and Complaint
was made upon you outside of the State of Colorado, you are required to file your answer or
other response with 35 days after such service upon you. Your answer or counterclaim must be
accompanied with the applicable filing fee.
If you fail to file your answer or other response to the Complaint in writing within the applicable
time period, the Court may enter judgment by default against you for the relief demanded in the
Complaint without further notice.

Dated: April 27, 2015

________________________________
Clerk of Court/Clerk
________________________________
Signature of Plaintiff
____125 Elm Street________________
Address of Plaintiff
____Denver, CO 80220____________
____(303) 555-8855_______________
Plaintiffs Phone Number

This Summons is issued pursuant to Rule 4, C.R.C.P., as amended. A copy of the Complaint
must be served with this Summons. This form should not be used where service by
publication is desired.
WARNING: A valid summons may be issued by a lawyer and it need not contain a court case
number, the signature of a court officer, or a court seal. The plaintiff has 14 days from the date
this summons was served on you to file the case with the court. You are responsible for
contacting the court to find out whether the case has been filed and obtain the case number. If
the plaintiff files the case within this time, then you must respond as explained in this summons.
If the plaintiff files more than 14 days after the date the summons was served on you, the case
may be dismissed upon motion and you may be entitled to seek attorneys fees from the plaintiff.
TO THE CLERK: If the summons is issued by the clerk of the court, the signature block for the
clerk or deputy should be provided by stamp, or typewriter, in the space to the left of the
attorneys name.

District Court City and County of Denver, Colorado

1437 Bannock Street
Denver, CO 80202
DARLENE RAKOWSKI, an Individual
Plaintiff,
v.
MONTEZ CONSTRUCTION CO., INC., a Corporation
Defendant.
COURT USE ONLY
Case Number:

Attorney for Plaintiff:

Larry L. Lawyer
LAWYER LAW FIRM, P.C.
1234 17th Street, Suite 123
Denver, CO 80201

Division

Courtroom

Phone Number:(303) 030-3030

Email:llawyer@lawyer.com
FAX Number:(303) 030-3031
Atty. Reg. #: 12345678

AFFADAVIT IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT

Affiant, Larry L. Lawyer, being first duly sworn, upon his oath deposes and states as
follows:
1.
I am an attorney with the law firm of Lawyer Law Firm, P.C., attorney of record
for Plaintiff Darlene Rakowski.
2.
Following a reasonable inquiry, upon information and belief, Defendant Montez is
not a minor, incapacitated person, an officer of the state of Colorado, or in the military service.
3.
Venue is proper in this Court as Defendant Montez is incorporated in the City and
County of Denver and Plaintiff Rakowski is an individual with domicile in the City and County
of Denver.
Further, affiant sayeth not.
/s/ Larry L. Lawyer
Larry L. Lawyer

STATE OF COLORADO
COUNTY OF DENVER

)
) ss.
)

Subscribed and sworn before me this 27th day of April, 2015, by Larry L. Lawyer
________________________________
Notary Public
My Commission Expires: ___________

District Court City and County of Denver, Colorado

1437 Bannock Street
Denver, CO 80202
DARLENE RAKOWSKI, an Individual
Plaintiff,
v.
MONTEZ CONSTRUCTION CO., INC., a Corporation
Defendant.
Attorney for Plaintiff:
Larry L. Lawyer
LAWYER LAW FIRM, P.C.
1234 17th Street, Suite 123
Denver, CO 80201

COURT USE ONLY

Case Number:

Division

Courtroom

Phone Number:(303) 030-3030

Email:llawyer@lawyer.com
FAX Number:(303) 030-3031
Atty. Reg. #: 12345678

AFFADAVIT OF INDEBTEDNESS

Affiant, Darlene Rakowski, being first duly sworn, upon her oath deposes and states as
follows:
1.
I am the co-signer of the employment contract between myself and Defendant
Montez, and the former employee of Defendant Montez.
2.
Defendant Montez is indebted to me for the breach of the employment contract
and for the intentional infliction of emotional distress, which together total $2 million.
Further, affiant sayeth not.
________________________________
Darlene Rakowski
STATE OF COLORADO
COUNTY OF DENVER

)
) ss.
)

Subscribed and sworn before me this 27th day of April, 2015, by Darlene Rakowski.
________________________________
Notary Public
My Commission Expires: ___________

District Court City and County of Denver, Colorado

1437 Bannock Street
Denver, CO 80202
DARLENE RAKOWSKI, an Individual
Plaintiff,
v.
MONTEZ CONSTRUCTION CO., INC., a Corporation
Defendant.
COURT USE ONLY
Case Number:

Division

Courtroom

FINDINGS OF FACT, CONCLUSIONS OF LAW, ORDER, AND JUDGMENT

THE COURT, having reviewed Plaintiffs Motion for Default Judgment, Affidavit in
Support of Motion for Default Judgment, Affidavit of Indebtedness, the Courts file, and
otherwise begin fully informed in the premises;
HEREBY FINDS that venue has been considered and is proper;
HEREBY GRANTS the Motion and enters judgment in favor of Plaintiff Darlene
Rakowski and against Defendant Montez Construction Co., Inc., in the amount of $2 million.
DONE AND SIGNED THIS ______ day of _________________________, 20____.
BY THE COURT

______________________________
District Court Judge