Ayoub v. Gue

ROVER, Chief Judge.

This appeal is taken from the denial of a motion to vacate a default judgment. The question presented is whether the procedural requirements are met when information sought by a motion for more definite statement is furnished the movant in the form of a letter.

The facts are these: Plaintiffs brought suit for damages alleging breach of contract. After service of the complaint, defendant filed a motion for more definite statement under the provisions of Municipal Court Civil Rule 12(e).1 Although filed a few days late, the court granted the motion and made the following entry: