"The judgment creditor may renew a judgment by filing an application for renewal of the judgment with the court in which the judgment was entered." (Code Civ. Proc. §683.120(a).) "Except as otherwise provided in this article, the filing of the application renews the judgment in the amount determined under Section 683.150 and extends the period of enforceability of the judgment as renewed for a period of 10 years from the date the application is filed." (Code Civ. Proc. §683.120(b).) "The statutory renewal of judgment is an automatic, ministerial act accomplished by the clerk of the court; entry of the renewal of judgment does not constitute a new or separate judgment. 'Filing the renewal application (and paying the appropriate filing fee, Gov.C. § 70626(b)) results in automatic renewal of the judgment. No court order or new judgment is required. The court clerk simply enters the renewal of judgment in the court records. [See CCP § 683.150]; Jonathan Neil & Assocs., Inc. v. Jones (2006) [138 Cal.App .4th] 1481, 1487, 1489[, 42 Cal.Rptr.3d 350]." (Ahart, Cal. Practice Guide: Enforcing Judgments and Debts (The Rutter Group 2007) ¶ 6:75, p. 6A–41.)." (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 262; see also OCM Principal Opportunities Fund v. CIBC World Markets Corp. (2008) 168 Cal.App.4th 185, 191 (renewal is purely ministerial act that does not create new judgment or modify present judgment but merely extends judgment's enforceability).)
In the case of a money judgment, the entry of the renewal of judgment shall show the amount of the judgment as renewed, which is the amount required to satisfy the judgment on the date of filing of the application for renewal and includes the fee for filing the application for renewal. (Code Civ. Proc. §683.150(c).) California Rules of Court, Rule 3.1700(a) provides: “[a] prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first.”
Code of Civil Procedure § 683.170 provides in pertinent part:
“A successful motion under section 683.170 does not affect the validity of the default or the default judgment. A successful motion under section 683.170 vacates only the renewal of the judgment thereby precluding its extended enforceability under section 683.120.” (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 203-204 (internal citation omitted).)
“The judgment debtor bears the burden of proving, by a preponderance of the evidence, that he or she is entitled to relief under section 683.170.” (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 199.)
Grounds for vacating a renewal of judgment include:
(Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 202–203.)
“In an independent action on a judgment, the debtor may challenge the judgment ‘in accordance with the rules and principles governing collateral attack’ [citation], including ‘lack of personal or subject matter jurisdiction . . . . Nonjurisdictional errors, however, are not appropriate procedural targets within this context.’” (Goldman v. Simpson (2008) 160 Cal.App.4th 255, 261-62.)
“[T]he failure to have served a summons and complaint is a defense to an independent action on a judgment. Likewise, the failure to have served a summons and complaint is a basis for a motion to vacate the renewal of a judgment.” (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 207; see also Code Civ. Proc., § 683.170(a).)
In essence, the filing of a renewal of judgment gives the defendant a narrow window during which to assert grounds for vacating the judgment, even if they might otherwise have been time-barred.
“[D]efective service of process is a defense which may be raised on a motion to vacate renewal of a judgment.” (Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 203.)
Code of Civil Procedure §§ 473(b) and 473.5 only apply to the original judgment, not the renewed judgment. (Code Civ. Proc. §§ 473(b) and 473.5.)
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