What is an Abstract of Judgment?

Useful Rulings on Abstract of Judgment

Recent Rulings on Abstract of Judgment

DAVID MINSER V. COLLECT ACCESS, LLC, ZEE LAW GROUP, PC, ET AL.

Here, the default judgment was set aside as to Collect Access, and the Court agrees that the writ of execution, abstract of judgment and any levy pursuant thereto should be quashed and vacated as to Collect Access.

  • Hearing

    Dec 01, 2020

JOSEPH GRESSIS VS CORPORATE MANAGEMENT SERVICES, INC.

Whether Writ of Execution was Properly Served Defendant contends that the writ of execution must be quashed because Plaintiff failed to serve Defendant with the abstract of judgment, memorandum of costs, writ of execution, and notice of levy. However, apart from the memorandum of costs, Defendant fails to cite any law mandating that Plaintiff serve Defendant with these documents.

  • Hearing

    Nov 30, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

ULTIMATE ACTION, LLC VS MICHAEL JOEL KAMEN

Abstract of judgment was filed on April 10, 2020. Plaintiff now moves for the following order, pursuant to Code of Civil Procedure sections 708.310 and 708.320 and Corporations Code section 16504: Charging the interest of Defendant in The November First Partnership, a California general partnership.

  • Hearing

    Nov 19, 2020

  • Type

    Collections

  • Sub Type

    Promisory Note

VICENCIO V. SHIRAKI

Hecker (1928) 206 Cal. 22, 29 (stating that “[i]t was the filing, maliciously and falsely, of a document which clouded the title of respondent that caused the injury… [t]he effect would be the same had said document been a forged deed, rather than an unauthorized abstract of judgment”).)

  • Hearing

    Nov 05, 2020

RONALD PATTERSON VS SCOTT KERNAN

An Abstract of Judgment attached to the original petition states that Petitioner was sentenced to 25 years to life for possession of a firearm by a felon. (See Pet. Exh. C.) Passed by the voters in November 2016, Proposition 57 amended the California Constitution to provide parole review to nonviolent offenders.

  • Hearing

    Nov 03, 2020

  • Type

    Administrative

  • Sub Type

    Writ

AURA IGLESIAS VS RONALD KEITH ZIFF ET AL

In the Family Law Action, Rodriguez was ordered to pay Plaintiff certain amounts, and on November 10, 2013, the Court issued an Abstract of Judgment confirming the $225,493 total amount. (USSF Nos. 3-4.) Plaintiff’s counsel in the Family Law Action never filed a Judgment Lien (Form JL-1) with the Secretary of State. (USSF No. 5.)

  • Hearing

    Nov 03, 2020

LARION KRAYZMAN VS OLGA N. TROSHCHIY, ET AL.

Although some were filed after the dismissal, it was to correct the Notice of Lien by amending it to include the Abstract of Judgment. Moreover, as noted by Plaintiff, an action or special proceeding is pending until the time for appeal from the judgment has expired or, if an appeal is filed, until the appeal has been finally determined. (CCP §708.410(d).)

  • Hearing

    Oct 30, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

RITA BOGHAIRI VS. ASARO, KEAGY, FREELAND & MCKINLEY, LLP

A (abstract of judgment for creditors recorded in 2011). Consequently, Boghairi has not met her burden to establish an exemption. Conclusion Judgment creditor to submit a proposed order for the sale of the dwelling pursuant to Code of Civil Procedure section 704.780(b). Judgment creditor is directed to serve notice on all parties within two court days of this ruling.

  • Hearing

    Oct 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LARION KRAYZMAN VS OLGA N. TROSHCHIY, ET AL.

Although some were filed after the dismissal, it was to correct the Notice of Lien by amending it to include the Abstract of Judgment. Moreover, as noted by Plaintiff, an action or special proceeding is pending until the time for appeal from the judgment has expired or, if an appeal is filed, until the appeal has been finally determined. (CCP §708.410(d).)

  • Hearing

    Oct 29, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

RITA BOGHAIRI VS. ASARO, KEAGY, FREELAND & MCKINLEY, LLP

A (abstract of judgment for creditors recorded in 2011). Consequently, Boghairi has not met her burden to establish an exemption. Conclusion Judgment creditor to submit a proposed order for the sale of the dwelling pursuant to Code of Civil Procedure section 704.780(b). Judgment creditor is directed to serve notice on all parties within two court days of this ruling.

  • Hearing

    Oct 29, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

FRANKLIN CREDIT MGMT VS WATTS

Petitioner’s Argument No. 2 Petitioner next argues that respondents had “actual notice” of the abstract of judgment, because they sent petitioner’s counsel a claim form. The Court finds this argument to be a non sequitur.

  • Hearing

    Oct 22, 2020

LAWRENCE REMSEN VS EXAVIER BECERRIA, ET AL.

During the sentencing proceedings, Plaintiff Lawrence Remsen was told he would serve between 7 to 10 years but no more than 15 years for the convictions (See: EXHIBIT 1 Abstract of Judgment and Excerpts for the Sentencing Transcripts). Therefore, based on the facts and laws as they existed on July 1, 1977 and November 7, 1978 respectively, and based on the "Aleatory Contract" conditions in Pen.

  • Hearing

    Oct 22, 2020

  • Type

    Administrative

  • Sub Type

    Writ

BALBOA CAPITAL CORPORATION, A CALIFORNIA CORPORATION VS SAMVEL GUKASYAN

Charles Drive, #204, Thousand Oaks, CA 91360 An abstract of judgment recorded July 10, 2015 (Los Angeles County Recorder’s Office, Instrument No. 20150835739) states the original judgment amount was $56,940.90. This lien is junior to that of Plaintiff. (3) Wells Fargo, c/o Angela A.

  • Hearing

    Oct 21, 2020

  • County

    Los Angeles County, CA

MELVYN J. BERNIE, ET AL. VS ELSA RAMIREZ

Not including the judgment at issue here, there is a deed of trust recorded on May 11, 2005 for $359,000.00, a deed of trust recorded June 17, 2016 for $5,874.04, an abstract of judgment recorded on June 22, 2010 for $2,322.84, and an abstract of judgment recorded on June 26, 2019 for $8,980.13. In the original application, Upstream contended that the current amounts of the liens and encumbrances senior to Upstead’s are $286,319.73, $5,874.04, and $4,606.88, for a total of $296,800.65.

  • Hearing

    Oct 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

NATIONAL CREDIT VS LARSEN

When the creditor was contacted about the account, instead of providing information linking defendant to the account, the creditor immediately recorded an abstract of judgment. Defendant argues that under Code of Civil Procedure section 473(d) his default and default judgment should be set aside.

  • Hearing

    Oct 20, 2020

HESHMAT DOORGARI VS CABARET TEHRAN INC

The Court has reviewed the Motion by Defendant, Ahmad Massoud, to Quash Service of Summons and Complaint; Set Aside Request for Entry of Court Judgment and Set Aside and Vacate the Abstract of Judgment. The Court has determined an evidentiary hearing is required and thus the hearing will be continued. The Court sets a pre-hearing status conference for 11/02/2020 at 8:30 a.m. in Department 29 of the Spring Street Courthouse.

  • Hearing

    Oct 19, 2020

IN RE: 85462 DEEPCLIFF DRIVE, HUNTINGTON BEACH

On or about 07/31/13, Pacific Woods LLC recorded its abstract of judgment against Tracy Do in the amount of $2,851.16. On or about 05/29/14, Tracy Do gave a grant deed for the property to David Nguyen. On or about 06/16/14, David Nguyen gave a grant deed for the property to Tracy Do indicating that it was a “gift.” On or about 09/13/16, the FTB recorded a tax lien for 2006 against David Nguyen in the amount of $105,192.82. FTB claims that Nguyen actually owes only $97,916.44.

  • Hearing

    Oct 16, 2020

YELLEN, ET AL. V. INFINITY DB PLAN, ET AL.

On June 1, 2012, Plaintiffs obtained various Orders of Restitution and Abstract of Judgment (the “Restitution Orders”) against Bruce and others and recorded those order with the Santa Clara County Recorder’s Office on July 12, 2012, resulting in the creation of liens (the “Liens”) on the Property. (Id, ¶ 15.) On April 9, 2016, after the Liens attached to the Property, Bruce filed for Chapter 13 bankruptcy in the U.S. Bankruptcy Court for the Northern District (“Smith Bankruptcy”).

  • Hearing

    Oct 15, 2020

KENNETH NTIM VS AARON GUERRA

Lastly, Defendant states that he discovered the Judgment around May 2019, when Plaintiff filed an Abstract of Judgment. (Id. at ¶ 10.) Defendant explains that after discovering the Judgment, he attempted to reach Plaintiff’s counsel, Morse Mehrban, via telephone and email but was unable to do so. (Id. at ¶ 11.) Defendant thereafter went to Plaintiff’s counsel’s office in person but discovered the office was an empty shell. (Id. at ¶ 12.)

  • Hearing

    Oct 13, 2020

LAW OFFICE OF EVAN L GINSBURG VS SAVIN

of judgment.

  • Hearing

    Oct 06, 2020

ANNIE PING JIANG ET AL VS DOCTORS BEST HOSPICE ET AL

On December 9, 2019, an Abstract of Judgment was issued. Plaintiffs’ counsel Eugene Alkana attests to having made written demand on Defendants to transfer title, and attaches the demand letter sent to Randall Spencer demanding that Doctors Best Choice convey title to the same property, and noting that if the conveyance was not signed within two weeks, Plaintiffs’ counsel would move forward with the instant motion for the court to appoint an elisor to sign the ordered conveyance. (Alkana Decl. ¶ 3, Exh.

  • Hearing

    Oct 05, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

VASKAN DARIAN, ET AL. VS EDMOND ASLAN, ET AL.

The Abstract of Judgment issued on July 6, 2020 is stricken. GIVEN THE CORONAVIRUS CRISIS, AND TO PROMOTE APPROPRIATE SOCIAL DISTANCING, UNTIL FURTHER ORDERED, DEPARTMENT D IS ENCOURAGING AUDIO OR VIDEO APPEARANCES Please make arrangements in advance if you wish to appear via LACourtConnect by visiting www.lacourt.org, and scheduling a remote appearance. Please note that LACourtConnect offers an audio-only appearance option at a current cost of $15.00 and a video appearance option at a cost of $23.00.

  • Hearing

    Oct 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

MINAULT VS. PEMSTEIN

Here, Plaintiff has recorded an Abstract of Judgment in connection with her money judgment. (ROA 98; see also, Gates Reply Decl., ¶ 4, Ex. A.) “A judgment for sale of real or personal property may be enforced by a writ of sale issued pursuant to Section 712.010.” (C.C.P. § 716.010(a).) 1. Plaintiff has offered evidence, in the form of Litigation Guarantees, that two adjoining properties, commonly known as 525 S. Santa Fe Street and 527 S. Santa Fe Street, are owned by “Harold S. Pemstein and Deborah L.

  • Hearing

    Oct 02, 2020

FORA FINANCIAL WEST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS ZODIAC STAR, INC., A CALIFORNIA CORPORATION, ET AL.

On August 21, 2020, an abstract of judgment in the amount of $33,749.87 was issued against Zodiac Star, Inc. and Mukesh Sharma. On September 23, 2020, Plaintiff filed a proof of personal service of the application and order for examination as to Mukesh Sharma. ANALYSIS: I.

  • Hearing

    Oct 02, 2020

  • Type

    Contract

  • Sub Type

    Breach

SANDFORD VS SANDFORD

Motion to Quash Subpoena and Recall Abstract of Judgment Motion to Quash and Recall Abstract of Judgment The Motion to Quash/Recall brought by Cross-Defendants Paul Sandford and Nancy Sandford is GRANTED. This Motion relies on an interpretation of C.C.P. §917.1(d). Pursuant to C.C.P. §917.1(a)(1), a judgment for money is not stayed by an appeal, unless an undertaking is given.

  • Hearing

    Oct 01, 2020

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