Barker

INTRODUCTION

This dispute started out simply enough. An apartment complex claimed that its former tenant, appellant Kelly Barker (Barker) failed to pay rent and provide notice that he was quitting the premises. Cheryl C. Koff d.b.a. G.O.N.E., sued Barker on these claims, alleging that it had received an assignment of the apartment complex’s claims against Barker. As a result, a $1,833.62 default judgment was entered against Barker in 2004. In the following years, Barker filed several lawsuits pertaining to the complex’s allegedly improper assessment of fees, retention of his security deposit, and debt collection practices. Among those actions is the present suit, filed in 2010. Barker currently seeks recovery on various theories primarily pertaining to his allegation that respondents used a perjured declaration to obtain the 2004 default judgment. The trial court granted a motion for judgment on the pleadings, ruling that Barker’s present suit is barred by (1) the 2004 judgment pursuant to the doctrine of collateral estoppel and (2) the applicable statute of limitations. We conclude the motion for judgment on the pleadings was properly granted and reject Barker’s attacks on…