An affidavit of identity is “an affidavit or declaration executed by a judgment creditor, under penalty of perjury, that is filed with the clerk of the court in which the judgment is entered at the time the judgment creditor files for a writ of execution or an abstract of judgment.” (Code of Civ. Proc., § 680.135.)
A “writ of execution must be issued in the name of the judgment debtor listed on the judgment, but it may also include the additional name or names by which the judgment debtor is known, as set forth in an affidavit of identity filed by the judgment creditor with the application for issuance of the writ.” (8 Witkin, Cal. Proc. (5th ed. 2008) Enf. Judgm. § 110; Code of Civ. Proc., §§ 699.510(c)(1), 680.135.)
“The ‘affidavit of identity’ is not a procedure for adding new debtors to the judgment: The affidavit of identity must not include the name or names of persons not separately named in the judgment, including any corporations, partnerships or other legal entities in which the judgment debtor is a partner, shareholder or member.” (Weil & Brown, Cal. Prac. Guide: Enf. J. & Debt (The Rutter Group 2019) ¶ 6:181.3; Code of Civ. Proc., § 680.135.)
“The court must approve the affidavit of identity before the clerk’s certification of an abstract containing additional names by which the judgment debtor is known. The court will authorize the certification if it determines (without a hearing or notice) that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the judgment debtor’s additional names.” (Weil & Brown, Cal. Prac. Guide: Enf. J. & Debt (The Rutter Group 2019) ¶ 6:181.3; Code of Civ. Proc., § 674(c)(1).)
“The affidavit of identity shall set forth the case name and number, the name of the judgment debtor stated in the judgment, the additional name or names by which the judgment debtor is known, and the facts upon which the judgment creditor has relied in obtaining the judgment debtor’s additional name or names. The affidavit of identity shall not include the name or names of persons, including any corporations, partnerships, or any legal entities not separately named in the judgment in which the judgment debtor is a partner, shareholder, or member, other than the judgment debtor.” (Code of Civ. Proc., § 680.135.)
On June 14, 2019, Judgment Creditor filed an Affidavit of Identity and Order contending that Judgment Debtor is also known by the names Hector Moreno, Jr. and Hector Moreno. (Affidavit of Identity, filed 6/14/19.) The Affidavit of Identity was rejected on the same date with instructions that Judgment Creditor was to proceed by noticed motion. Judgment Creditor filed the instant Motion to Include Additional Names of Judgment Debtor on Writ of Execution or Abstract of Judgment on October 15, 2019.
Mar 12, 2020
Los Angeles County, CA
Hearing Date: March 3, 2020 Moving Parties: Plaintiff and judgment creditor Lonnie Wilson Responding Party: Defendants and judgment debtors Theodore Kalogeris and Chris Kalogeris (1) Motion for an Affidavit of Identity (2) Motion for an Affidavit of Identity The court considered the moving and opposition papers. RULING The motions are DENIED.
Mar 03, 2020
Other
Intellectual Property
Los Angeles County, CA
The Court also noted that before filing a motion, if any, regarding theories of alter ego, Kim must file a motion to reconsider and vacate Department 44’s Affidavit of Identity and Order. (Id.) On September 11, 2019, Kim filed a Notice of Appeal of the Affidavit of Identity and Order and the August 20, 2019 Order (the “Appeal”). (9/11/19 Notice of Appeal.) On October 29, 2019, Judgment Assignee filed the instant Motion to Amend Judgment to Include Alter Ego Individual (the “Motion”).
Feb 20, 2020
Employment
Wrongful Term
James E. Blancarte
Los Angeles County, CA
to reconsider and vacate Department 44’s Affidavit of Identity and Order.
Dec 03, 2019
Employment
Wrongful Term
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
Discussion An affidavit of identity cannot be approved by a court clerk. “The court must approve the affidavit of identity before the clerk’s certification of an abstract containing additional names by which the judgment debtor is known. The court will authorize the certification if it determines (without a hearing or notice) that the affidavit of identity states sufficient facts upon which the judgment creditor has identified the judgment debtor’s additional names.” (Weil & Brown, Cal. Prac. Guide: Enf.
Oct 02, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
Kim would have to first challenge the Affidavit of Identity and Order by Judge Moreton and obtain an order vacating it, if she wishes to quash the Writ of Execution. Kim does, however, challenge the Affidavit of Identity and Order, so the Court now turns to that issue. B.
Aug 20, 2019
Employment
Wrongful Term
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
Motion: Plaintiff’s Affidavit of Identity Tentative Ruling: To Grant Plaintiff’s Affidavit of Identity and to Order that John Rector and John J. Rector be added to the names by which the judgment debtor in this action is known. Notice of the affidavit appears to have been adequate. No response to the affidavit has been filed. Plaintiff has filed sufficient information to show the judgment debtor is also known by the names John Rector and John J. Rector.
Feb 28, 2019
Tulare County, CA
Motion: Plaintiff’s Motion for Affidavit of Identity Pursuant to CCP 674(c) Tentative Ruling: To Deny Plaintiff’s Motion for Affidavit of Identity without prejudice. There is no proof of service in the file indicating that notice of the motion was provided. In addition to parties, the court requires notice be given to counsel for John Rector aka John J. Rector.
Jan 17, 2019
Tulare County, CA
The court, on its own motion and after briefing from the parties, also vacates and strikes the Affidavit of Identity and Order filed on 08/09/17, without prejudice to a motion under Code Civ. Proc. § 187 to amend the judgment in this action, based upon proof that Gobbi Madang, Inc. is a “mere continuation” of Judgment Debtor Don Family, Inc., or that it assumed the debts of Don Family, Inc. The court finds that the evidence and arguments presented by the parties to date to be inconclusive.
Sep 07, 2018
Orange County, CA
Both parties are to address in their supplemental opposition and reply, the following issues: (i) the propriety of issuance of the writ of execution in this action without proof of service of the Notice of Entry of Sister State judgment upon any of the Judgment Debtors; and (ii) whether the affidavit of identity procedure in Code Civ.
Jun 29, 2018
Orange County, CA
Both parties are to address in their supplemental opposition and reply, the following issues: (i) the propriety of issuance of the writ of execution in this action without proof of service of the Notice of Entry of Sister State judgment upon any of the Judgment Debtors; and (ii) whether the affidavit of identity procedure in Code Civ.
Jun 29, 2018
Orange County, CA
On 3/11/16, Harari filed an “Affidavit of Identity and Order” as to “Rokitto Enterprises dba Cimax Home Mortgage, a California corporation.” On 5/16/16, an Order Restraining Third Party Trustee from Disbursing Money was filed. On 2/1/17, Harari filed an “Affidavit of Identity and Order” as to “Broker Settlement Services.”[1] On 10/19/17, the court granted Harari’s motion to amend judgment to add Broker Settlement Services, Inc. as a judgment debtor. On 10/24/17, the “Amended Judgment” was filed.
May 16, 2018
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On 3/11/16, Harari filed an “Affidavit of Identity and Order” as to “Rokitto Enterprises dba Cimax Home Mortgage, a California corporation.” On 5/16/16, an Order Restraining Third Party Trustee from Disbursing Money was filed. On 2/1/17, Harari filed an “Affidavit of Identity and Order” as to “Broker Settlement Services.”[1] On 10/19/17, the court granted Harari’s motion to amend judgment to add Broker Settlement Services, Inc. as a judgment debtor. On 10/24/17, the “Amended Judgment” was filed.
Feb 21, 2018
Personal Injury/ Tort
Fraud
Los Angeles County, CA
On August 08, 2017, Plaintiff filed an Affidavit of Identity and Order, declaring that T. Tyler and J. Tyler were the same person, based on a search of the LexisNexis Accurint program and an Experion Credit Report. Based on this affidavit, the Court issued a writ of execution as to J. Tyler on September 26, 2017. On November 21, 2017, J. Tyler filed a motion to vacate the renewal of the judgment. Finally, on November 27, 2017, J. Tyler filed a motion to strike the affidavit of identity.
Jan 30, 2018
Yolanda Orozco or Georgina Torres Rizk
Los Angeles County, CA
The Court notes that on August 26, 2016, the Court granted Plaintiff’s Affidavit of Identity, which ordered that the term “judgment debtor” include Mary L. Sanchez—in addition to the existing name of Ana M. Sanchez. On October 14, 2016, Plaintiff filed an Application For and Renewal of Judgment, and the renewal of judgment was entered on the same day. The October 14, 2016 Application, however, listed only Ana M. Sanchez as the judgment debtor.
Dec 13, 2017
Elaine Lu or Yolanda Orozco
Los Angeles County, CA
On 3/11/16, Harari filed an “Affidavit of Identity and Order” as to “Rokitto Enterprises dba Cimax Home Mortgage, a California corporation.” On 5/16/16, an Order Restraining Third Party Trustee from Disbursing Money was filed.
Oct 19, 2017
Personal Injury/ Tort
Fraud
Los Angeles County, CA
. ¶ (4) The additional name of a judgment debtor listed on the legal process pursuant to an affidavit of identity as provided by Section 680.135, whether alone or together with third persons.” (Code of Civil Procedure, § 700.160(b).)
Oct 12, 2017
El Dorado County, CA
The correct procedure is the affidavit of identity procedure. (CCP 680.135). Any party who contests a tentative ruling must send an email to [email protected] with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. =302/HK
Jul 07, 2017
San Francisco County, CA
Prior to the clerk of the court issuing a writ of execution containing any additional name or names by which the judgment debtor is known that are not listed on the judgment, the court shall approve the affidavit of identity.
Feb 14, 2017
Brian S. Currey or John A. Slawson
Los Angeles County, CA
Specifically, in February 2016, they presented the Court with a “false” Affidavit of Identity in the underlying case, Lopez v.
Nov 18, 2016
Orange County, CA
Specifically, in February 2016, they presented the Court with a “false” Affidavit of Identity in the underlying case, Lopez v.
Nov 18, 2016
Orange County, CA
Affidavit of Identity Plaintiffs first seek a writ of execution based upon an affidavit of identity. An affidavit of identity states an additional name or additional names of the judgment debtor, and must be determined by the Court based on a preponderance of the evidence. (CCP 699.510(c)(1).) If the Court determines the affidavit of identity correctly states another name for the judgment debtor, the clerk may issue a writ of execution based upon that affidavit of identity. (Id.)
Jan 15, 2016
Personal Injury/ Tort
other
Sacramento County, CA
Affidavit of Identity Plaintiffs first seek a writ of execution based upon an affidavit of identity. An affidavit of identity states an additional name or additional names of the judgment debtor, and must be determined by the Court based on a preponderance of the evidence. (CCP 699.510(c)(1).) If the Court determines the affidavit of identity correctly states another name for the judgment debtor, the clerk may issue a writ of execution based upon that affidavit of identity. (Id.)
Jan 15, 2016
Personal Injury/ Tort
other
Sacramento County, CA
Affidavit of Identity Plaintiffs first seek a writ of execution based upon an affidavit of identity. An affidavit of identity states an additional name or additional names of the judgment debtor, and must be determined by the Court based on a preponderance of the evidence. (CCP 699.510(c)(1).) If the Court determines the affidavit of identity correctly states another name for the judgment debtor, the clerk may issue a writ of execution based upon that affidavit of identity. (Id.)
Jan 15, 2016
Personal Injury/ Tort
other
Sacramento County, CA
Affidavit of Identity Plaintiffs first seek a writ of execution based upon an affidavit of identity. An affidavit of identity states an additional name or additional names of the judgment debtor, and must be determined by the Court based on a preponderance of the evidence. (CCP 699.510(c)(1).) If the Court determines the affidavit of identity correctly states another name for the judgment debtor, the clerk may issue a writ of execution based upon that affidavit of identity. (Id.)
Jan 15, 2016
Personal Injury/ Tort
other
Sacramento County, CA
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