What is an Affidavit of Identity?

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.)

Legal Standard

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).)

Procedure

“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.)

Useful Rulings on Affidavit of Identity

Recent Rulings on Affidavit of Identity

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS HECTOR MORESENO, AN INDIVIDUAL

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.

  • Hearing

  • County

    Los Angeles County, CA

ALFREDO GARCIA VS PERLIN PROPERTIES

On May 1, 2020, Plaintiff filed an affidavit of identity and order which indicated that Feng, who is a judgment debtor, is also known as Suo Jie Feng. On August 11, 2020, Plaintiff filed a motion for the Court to amend its November 3, 2011 judgment to correct the name of the judgment debtor as it appears thereon. Plaintiff contends that since the judgment was entered on November 3, 2011, Plaintiff has learned that Feng’s correct legal name is Suo Jie Feng.

  • Hearing

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

RON HACKER ET AL VS JACQUELINE M FABE

Procedural History After the Court’s Entry of Judgment On February 25, 2010, Fabe filed an Affidavit of Identity and Order. The affidavit, which was signed under the penalty of perjury, indicated that Hacker was a judgment debtor as stated in the judgment. The affidavit also listed additional names by which Hacker was known.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

WILSON, FRANK ET AL VS DELTA HOMES, INC. ET AL

Hearing Date: July 24, 2020 Moving Parties: Plaintiff and judgment creditor Lonnie Wilson Responding Party: Defendants 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.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INTERINSURANCE EXCHANGE VS HECTOR MORESENO, AN INDIVIDUAL

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.

  • Hearing

WILSON, FRANK ET AL VS DELTA HOMES, INC. ET AL

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.

  • Hearing

  • Type

    Other

  • Sub Type

    Intellectual Property

  • County

    Los Angeles County, CA

DAISY SANDOVAL VS LAW OFFICES OF MOON KIM ET AL

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”).

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

DAISY SANDOVAL VS LAW OFFICES OF MOON KIM ET AL

to reconsider and vacate Department 44’s Affidavit of Identity and Order.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

INTERINSURANCE EXCHANGE VS BRAND, SHERRI

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.

  • Hearing

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

DAISY SANDOVAL VS LAW OFFICES OF MOON KIM ET AL

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.

  • Hearing

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

STATE FARM GENERAL INS. CO. V. RECTOR

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.

  • Hearing

STATE FARM GENERAL INS. CO. V. RECTOR

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.

  • Hearing

SEATTLE PRIME CAPITAL, INC. VS. DON FAMILY, INC.

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.

  • Hearing

SEATTLE PRIME CAPITAL, INC. VS. DON FAMILY, INC.

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.

  • Hearing

SEATTLE PRIME CAPITAL, INC. VS. DON FAMILY, INC.

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.

  • Hearing

JESUS AGUILAR VS CIMAX HOME MORTGAGE

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.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JESUS AGUILAR VS CIMAX HOME MORTGAGE

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.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

FORD MOTOR CREDIT COMPANY VS TYLER II, TIMOTHY T

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.

  • Hearing

  • Judge

    Yolanda Orozco or Georgina Torres Rizk

  • County

    Los Angeles County, CA

FORD MOTOR CREDIT COMPANY VS SANCHEZ, ANA M.

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.

  • Hearing

  • Judge

    Elaine Lu or Yolanda Orozco

  • County

    Los Angeles County, CA

JESUS AGUILAR VS CIMAX HOME MORTGAGE

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.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

GUNTER V. ALTOH

. ¶ (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).)

  • Hearing

ELLAHIE & FAROOQI LLP VS. ABDUL NASSER EL JANDALI

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

  • Hearing

DIEN, INC. VS BERTLING LOGISTICS, INC AND EXCHANGE LOGISTICS

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.

  • Hearing

  • Judge

    Brian S. Currey or John A. Slawson

  • County

    Los Angeles County, CA

EAGLE VS. COLE

Specifically, in February 2016, they presented the Court with a “false” Affidavit of Identity in the underlying case, Lopez v.

  • Hearing

EAGLE VS. COLE 2016-00865811

Specifically, in February 2016, they presented the Court with a “false” Affidavit of Identity in the underlying case, Lopez v.

  • Hearing

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