Bahena v. Goodyear Tire & Rubber Co.

I would grant rehearing because I believe due process requires it. The $30,000,000 default judgment in this case rests on the district court choosing to believe one side’s lawyers over another’s, with no evidentiary hearing, no cross-examination, and a genuine dispute over willfulness, fault, and prejudice. The majority quotes *616dictum from Robinson v. Higuera, 760 P.2d 622, 624 (Ariz. Ct. App. 1988), questioned in Montgomery Ward & Co. v. Superior Court, 863 P.2d 911 (Ariz. Ct. App. 1993), that “[d]ue process does not require that a hearing be held in every case” (emphasis added) involving…