Renewal of Judgment

"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).)

Money Judgment

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.”

Vacating a Renewal of Judgment

Law: Code of Civil Procedure § 683.170

Code of Civil Procedure § 683.170 provides in pertinent part:

1. The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years from the time the judgment was previously renewed under this article.
2. Not later than 30 days after service of the notice of renewal pursuant to Section 683.160, the judgment debtor may apply by noticed motion under this section for an order of the court vacating the renewal of the judgment. The notice of motion shall be served on the judgment creditor. Service shall be made personally or by mail.
3. Upon the hearing of the motion, the renewal may be ordered vacated upon any ground provided in subdivision (a), and another and different renewal may be entered, including, but not limited to, the renewal of the judgment in a different amount if the decision of the court is that the judgment creditor is entitled to renewal in a different amount.

Successful Motions

“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).)

Burden of Proof

“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

Grounds for vacating a renewal of judgment include:

1. the judgment is not final and unconditional;
2. the judgment was obtained by extrinsic fraud;
3. the judgment was rendered in excess of jurisdiction;
4. the judgment is not enforceable in the state of rendition;
5. the plaintiff is guilty of misconduct;
6. the judgment has already been paid;
7. suit on the judgment is barred by the statute of limitations in the state where enforcement is sought.

(Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195, 202–203.)

Independent Actions

“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.)

Failure to Serve Summons and Complaint

“[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).)

Time-Barred Grounds

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.

Defenses

“[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.)

Misapplication of Law: Code of Civil Procedure §§ 473(b) and 473.5

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.)