Cal. Veh. Code Sec. 16370 Section 16370 concerns the Suspension of driving privilege and provides in pertinent part:
“The department shall suspend the privilege of any person to operate a motor vehicle upon receiving a certified copy of a judgment, or a certified copy of the register of actions (or a comparable court record of another jurisdiction) in an action resulting in a judgment for damages, and a certificate of facts relative to the judgment, on a form provided by the department, indicating that the person has failed for a period of 30 days to satisfy a judgment rendered against him or her.”
(Ca. Veh. Code Sec. 16370)
This form is required where the judgment is for more than $1,000 in property damage ($750 or more for accidents prior to January 1, 2017). When the form is received, the Department of Motor Vehicles will suspend the judgment debtor's license for up to six years.
The California Compulsory Financial Responsibility Law provides that vehicle owners and/or drivers must be financially responsible for damages and/or injuries caused by the ownership or operation of their motor vehicle if that vehicle is involved in an automobile accident.
The party who is not at fault for the accident (unless compensated for damages and/or injuries), has the right to sue in civil court to recover monetary damages to property and/or for injuries resulting from the accident.
If the court awards a civil judgment against the "at fault party" (judgment debtor), and that party fails within 30 days to satisfy the judgment award, the California Vehicle Code (CVC) allows Department of Motor Vehicles to suspend the person's driving privilege (Cal. Veh. Code Sec. 16370).
Under California Insurance Code Sec. 12950, concerning an application for certificate of facts and information desired, any person interested as owner, assignee, pledgee or payee, of any policy and desiring any information about such policy, may apply to the commissioner for a certificate of the facts or information desired. Such application, filed in duplicate, shall be accompanied by an affidavit, in duplicate, showing his interest in the policy. Ca. Ins. Code Sec. 12950
Motion to Amend Judgment This was an action for subrogation filed by Plaintiff State Farm against defendants Courtney Stepp and Trevor Norton. Plaintiff insurer alleged that defendant Courtney Stepp was the owner of a vehicle, and defendant Trevor Norton the driver of a vehicle that caused personal injury and property damages to Plaintiff’s insureds (the Gerstenbergs) in an accident on 2/9/12 in A...
..t judgment against defendant Stepp for a total of $35,175.31. (Def. entered 7/15/14 and Def. J. entered 7/14/15). At this time, Plaintiff moves to amend the judgment. The papers were served on the Defendant Stepp at the address where process was served, and there is no written response by her. Background of Procedures that Plaintiff is Utilizing to Collect on Judgment Plaintiff brings this motion...
Defendant/Judgment Debtor Lisa Simmons’ Motion to Vacate Renewal of Judgment is DENIED. CCP § 683.170. Within 30 days after service of a notice of renewal of judgment, the judgment debtor may apply by noticed motion for an order vacating the renewal. (CCP §683.170(b).) The renewal may be vacated on any ground that would be a defense to an action on the judgment. The judgment debtor bears the b...
..nt in this case should be vacated. Specifically, the Court notes that the judgment was ordered by installments and was deemed final on April 23, 2006, thereby extending the time in which the judgment could be renewed. Per CCP § 683.030, “If a money judgment is payable in installments, the 10-year period of enforceability runs as to each installment from the date the installment becomes due.” ...
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On July 1, 2019, Plaintiff filed a Certificate of Facts Re Unsatisfied Judgment. Defendant Cassick filed the instant Motion to Dismiss Action (“the Motion”) on March 5, 2020. To date, no opposition has been filed. Discussion Defendant Cassick filed the instant Motion asking the Court to vacate the default judgment. As an initial matter, Defendant Cassick has not demonstrated proper notice of the Motion. Defendant filed a proof of service on July 14, 2020 but it does not indicate what papers were served.
Los Angeles County, CA
The renewed judgment, which now totals $34,809.59, remains wholly unsatisfied. Judgment creditor moves for an order to charge the interest of defendant-judgment debtor Michael S. Russell in the limited liability company known as Stirrup Catering, LLC and the limited partnership known as Stirrup Catering, LP, with payment of the wholly unsatisfied amount of the judgment entered in this action. The motion was timely served and there is no opposition.
Santa Barbara County, CA
Moving Party: Judgment Creditor Alis Avedyan Responding Party: Spouse of Judgment Andranik Avedyan RELIEF SOUGHT: Order charging spouse with payment of unsatisfied judgment ANALYSIS: This motion is brought by defendant in this action, who was evidently the plaintiff in a case which has been deemed related to this case, and which has gone to judgment in favor of Alis Avedyan, who is now a Judgment Creditor and against Andranik Avedyan, who is now a Judgment Debtor.
Los Angeles County, CA
In addition, Defendant's position that she first learned of this judgment in February 2016 is contradicted by fact that her license would have been suspended by the DMV at some point after the accident and upon receipt of the Certificate of Facts RE Unsatisfied Judgment filed by the court and transmitted to the DMV. Upon her license being suspended, Defendant was on notice that there was an unsatisfied judgment.
Elaine Lu or Yolanda Orozco
Los Angeles County, CA
The license is suspended when the Department receives a certified copy of the judgment, or a certified copy of the register of actions in an action resulting in a judgment for damages, and a certificate of facts relative to the judgment, on a special form, DL-30 called “Certificate of Facts re Unsatisfied Judgment”. See 8 Cal. Jur. 3d Automobiles § 270.
Orange County, CA
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